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Panel Must Determine Whether Arbitrators Determine Amount Of Disputed Payment
October 15, 2015
In a dispute involving an earlier arbitration ordering American United Life Insurance Company (“AUL”) to make a commutation payment to The Travelers Indemnity, the parties filed cross petitions for arbitration pursuant to different clauses of a reinsurance contract. AUL argued arbitration should proceed pursuant to the Article 16 in the contract requiring all disputes between the company and the reinsurer be submitted to arbitration. It further argued that Travelers had forfeited its right to name...
October 15, 2015
In a dispute involving an earlier arbitration ordering American United Life Insurance Company (“AUL”) to make a commutation payment to The Travelers Indemnity, the parties filed cross petitions for arbitration pursuant to different clauses of a reinsurance contract. AUL argued arbitration should proceed pursuant to the Article 16 in the contract requiring all disputes between the company and the reinsurer be submitted to arbitration. It further argued that Travelers had forfeited its right to name...
Kentucky Supreme Court Refuses To Enforce Arbitration
October 15, 2015
Nursing home arbitration agreements are among the most unpopular arbitration agreements around. Last week, Kentucky’s...
October 15, 2015
Nursing home arbitration agreements are among the most unpopular arbitration agreements around. Last week, Kentucky’s...
Small Talk Can Aid in Negotiations, Especially for Men
October 15, 2015
Your client won’t reach an agreement with the other party until there is at least some level of trust that the deal will actually happen. That trust grows from perceptions of the other party and those perceptions can come from engagement in small talk prior to negotiations, according to a study discussed in Science Daily. Researchers in the U.S. and Germany looked at how small talk prior to a negotiation affected perceptions and outcomes. They concluded that small talk is a tool that helps build...
October 15, 2015
Your client won’t reach an agreement with the other party until there is at least some level of trust that the deal will actually happen. That trust grows from perceptions of the other party and those perceptions can come from engagement in small talk prior to negotiations, according to a study discussed in Science Daily. Researchers in the U.S. and Germany looked at how small talk prior to a negotiation affected perceptions and outcomes. They concluded that small talk is a tool that helps build...
ABA and Rocket Lawyer Launch On-Demand Legal Advice Pilot Program
October 14, 2015
The American Bar Association and Rocket Lawyer have launched a new pilot program that provides on-demand legal advice for small...
October 14, 2015
The American Bar Association and Rocket Lawyer have launched a new pilot program that provides on-demand legal advice for small...
Court May Appoint Arbitration Umpire Under FAA
October 14, 2015
On August 26, the Second Circuit Court of Appeals considered whether a trial court had appointment authority under the Federal Arbitration Act (“FAA”). Overturning a prior order that denied Odyssey Reinsurance Company’s (Odyssey) motion to appoint, the Second Circuit found that the trial court not only had the authority to appoint an arbitration umpire but “the obligation to appoint an umpire to correct a breakdown in the umpire selection process.” The trial court found that it did not need...
October 14, 2015
On August 26, the Second Circuit Court of Appeals considered whether a trial court had appointment authority under the Federal Arbitration Act (“FAA”). Overturning a prior order that denied Odyssey Reinsurance Company’s (Odyssey) motion to appoint, the Second Circuit found that the trial court not only had the authority to appoint an arbitration umpire but “the obligation to appoint an umpire to correct a breakdown in the umpire selection process.” The trial court found that it did not need...
The Brain on PBS Beginning Oct. 14.
October 14, 2015
The Brain, hosted by David Eagleman, to air on PBS beginning Oct. 14. - See more at: http://kolber.typepad.com/ethics_law_blog/2015/10/the-brain-on-pbs.html#sthash.WHsNg5kQ.dpuf Neuroscientist David Eagleman explores the wonders of the human brain in an epic series that reveals the ultimate story of us, why we feel and think the things we do.
October 14, 2015
The Brain, hosted by David Eagleman, to air on PBS beginning Oct. 14. - See more at: http://kolber.typepad.com/ethics_law_blog/2015/10/the-brain-on-pbs.html#sthash.WHsNg5kQ.dpuf Neuroscientist David Eagleman explores the wonders of the human brain in an epic series that reveals the ultimate story of us, why we feel and think the things we do.
Rudeness Begets Rudeness!
October 13, 2015
The researchers, Trevor Foulk, Andrew Woolum and Amir Erez published their findings on June 29, 2015 in the Journal of Applied Psychology (“Catching Rudeness is Like Catching a Cold: The Contagion Effects of Low-Intensity Negative Behaviors”). To reach this conclusion, they had 90 graduate students negotiate with classmates. They found that, “…those who rated their initial negotiation partner as rude were more likely to be rated as rude by a subsequent partner…” (Science Daily, supra.)...
October 13, 2015
The researchers, Trevor Foulk, Andrew Woolum and Amir Erez published their findings on June 29, 2015 in the Journal of Applied Psychology (“Catching Rudeness is Like Catching a Cold: The Contagion Effects of Low-Intensity Negative Behaviors”). To reach this conclusion, they had 90 graduate students negotiate with classmates. They found that, “…those who rated their initial negotiation partner as rude were more likely to be rated as rude by a subsequent partner…” (Science Daily, supra.)...
Article On Donative Trusts and the Federal Arbitration Act
October 13, 2015
David Horton (Professor of Law, University of California, Davis - School of Law) recently published his article entitled,...
October 13, 2015
David Horton (Professor of Law, University of California, Davis - School of Law) recently published his article entitled,...
Managing Conflict 4.0: The New Wave of Opportunities for Businesses Around the Globe
October 13, 2015
Straus Institute for Dispute Resolution and the Dispute Resolution Law Journal present a two-day conference dealing with...
October 13, 2015
Straus Institute for Dispute Resolution and the Dispute Resolution Law Journal present a two-day conference dealing with...
New IRS Regulation Does Away With Appeals Arbitration Program
October 12, 2015
Due to a lack of demand the Internal Revenue Service (IRS) has announced that it is doing away with the appeals arbitration program. Revenue Procedure 2015-44 will do away with the program that was originally set up as a two-year pilot program in 2000. The program let tax payers attempt to expedite the appeals process by being able to request arbitration for certain factual issues subject to the appeals administrative process. In the end this program had very little practical impact because during...
October 12, 2015
Due to a lack of demand the Internal Revenue Service (IRS) has announced that it is doing away with the appeals arbitration program. Revenue Procedure 2015-44 will do away with the program that was originally set up as a two-year pilot program in 2000. The program let tax payers attempt to expedite the appeals process by being able to request arbitration for certain factual issues subject to the appeals administrative process. In the end this program had very little practical impact because during...
