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Arbitration
NYT: Nursing Home Suit Raises a Simple Question
February 21, 2016
Arbitration clauses have proliferated over the last 10 years as companies have added them to tens of millions of contracts for things as diverse as cellphone service, credit cards and student loans. Nursing homes in particular have embraced the clauses, which are often buried in complex contracts that are difficult to navigate, especially for elderly people with dwindling mental acuity or their relatives, who can be emotionally vulnerable when admitting a parent to a home. State regulators are concerned...
February 21, 2016
Arbitration clauses have proliferated over the last 10 years as companies have added them to tens of millions of contracts for things as diverse as cellphone service, credit cards and student loans. Nursing homes in particular have embraced the clauses, which are often buried in complex contracts that are difficult to navigate, especially for elderly people with dwindling mental acuity or their relatives, who can be emotionally vulnerable when admitting a parent to a home. State regulators are concerned...
Stipanowich Receives CPR Award for Outstanding Achievement in Dispute Resolution
February 18, 2016
Pepperdine School of Law Professor Thomas J. Stipanowich has been awarded the 2015 James F. Henry Award by the International Institute for Conflict Prevention & Resolution (CPR Institute). The award will be presented at the Institute’s Annual Meeting in New Orleans on February 16, 2016. CPR is a membership-based, nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of conflict prevention and alternative dispute resolution. The award,...
February 18, 2016
Pepperdine School of Law Professor Thomas J. Stipanowich has been awarded the 2015 James F. Henry Award by the International Institute for Conflict Prevention & Resolution (CPR Institute). The award will be presented at the Institute’s Annual Meeting in New Orleans on February 16, 2016. CPR is a membership-based, nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of conflict prevention and alternative dispute resolution. The award,...
Arbitration Agreement Requiring Rmployee to Pay Own Attorney’s Fees Not Substantively Unconscionable
February 12, 2016
In Ophthalmic Consultants of Texas, P.A. v. Morales, the Court of Appeals for the Thirteenth District of Texas reversed the trial...
February 12, 2016
In Ophthalmic Consultants of Texas, P.A. v. Morales, the Court of Appeals for the Thirteenth District of Texas reversed the trial...
Baseball Arbitration Vacated Due to Evident Partiality
February 9, 2016
The New York Supreme Court vacated the award entered in an arbitration of television rights between Mid-Atlantic Sports Network (“MASN”), the Baltimore Orioles, the Commissioner of Baseball (“MLB”) and the Washington Nationals. The arbitration was held by the Revenue Sharing Definitions Committee of Major League Baseball (“RSDC”). MASN and the Orioles filed a petition to vacate the award, and MLB and the Nationals moved to confirm it. In vacating the award, the court discussed various...
February 9, 2016
The New York Supreme Court vacated the award entered in an arbitration of television rights between Mid-Atlantic Sports Network (“MASN”), the Baltimore Orioles, the Commissioner of Baseball (“MLB”) and the Washington Nationals. The arbitration was held by the Revenue Sharing Definitions Committee of Major League Baseball (“RSDC”). MASN and the Orioles filed a petition to vacate the award, and MLB and the Nationals moved to confirm it. In vacating the award, the court discussed various...
CFPB Readies Proposals on Consumer Arbitration
February 5, 2016
The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative...
February 5, 2016
The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative...
Nursing Home Cannot Compel Arbitration of Executrix’s Wrongful Death Claim
February 5, 2016
The Sixth Circuit Court of Appeals affirmed a Kentucky district court’s refusal to compel arbitration of an executrix’s...
February 5, 2016
The Sixth Circuit Court of Appeals affirmed a Kentucky district court’s refusal to compel arbitration of an executrix’s...
Towards a New Heuristic Model: Investment Arbitration as a Political System
February 2, 2016
In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it transforms the input of key actors (namely states, investors, arbitrators, and arbitration institutions) into output (namely arbitral awards taken in the aggregate), with feedback loops from output to input,...
February 2, 2016
In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it transforms the input of key actors (namely states, investors, arbitrators, and arbitration institutions) into output (namely arbitral awards taken in the aggregate), with feedback loops from output to input,...
January Arbitration Update: Effective Vindication, Class Arbitration, and FAA Preemption
February 1, 2016
Lots of interesting arbitration law has been made already in 2016, so here is a roundup from the first four weeks of the year....
February 1, 2016
Lots of interesting arbitration law has been made already in 2016, so here is a roundup from the first four weeks of the year....
Antitrust Arbitration and Merger Approval
January 28, 2016
In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when...
January 28, 2016
In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when...
Legislative Approaches to Trust Arbitration in the United States
January 27, 2016
Professor Lee-Ford Tritt, Director of the Center for Estate Planning, Director of the Estates & Trusts Practice Certificate...
January 27, 2016
Professor Lee-Ford Tritt, Director of the Center for Estate Planning, Director of the Estates & Trusts Practice Certificate...
