Consumer Arbitration Agreement Which Failed to Specify Allocation of Costs Held Unenforceable
Sidley Austin LLP
This article examines Randolph v. Green Tree Financial Corp. and Fradella v. Petricca.
India Adopts New Arbitration Law
Coudert Brothers LLP
India has adopted a new arbitration law based upon the United Nations Commission on International Trade Law (UNICTR.
Things To Consider Before Including An Arbitration Clause In Your Contract
John S. Blackman of Farbstein & Blackman, APC.
[1This article is adapted from other articles by the author appearing in Lawyers' Mutual Insurance Company Bulletin.
Alternative Dispute Resolution Seminar
Allison J. Snyder of Greenberg Peden P.C.
Arbitration is the referral of a dispute to one or more impartial persons for final and binding determination.
Take Care in Modifying Construction Industry Form Contracts
Wray & Pierce, L.L.P.
All of us are familiar with AIA Form Contracts, particularly AIA document A201, General Conditions of the Contract.
How Does Arbitration Differ From Mediation and Civil Litigation?
David A. Pluchinsky of Beirne, Maynard & Parsons, L.L.P.
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms ? commonly referred to as "ADR" ? to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process in which the parties use an objective third-party facilitator to try to negotiate a resolution to their dispute.
New Law Mandates ADR in Federal Courts
Dykema Gossett PLLC
President Clinton has signed into law HR Bill 3528 which requires all federal district courts to authorize and prom.
North Dakota Supreme Court Refuses To Allow Contracting Parties To Fashion Special Reviewing Standard For Private Arbitration Awards: John T. Jones Construction Co. v. City Of Grand Forks
James Duffy O'Connor of Maslon Edelman Borman & Brand, LLP
John T. Jones Construction Co. was the general contractor on an expansion project for the City of Grand Forks. The city refused the general contractor's claim to have encountered differing site conditions, causing it to deliver the project late, and demanded liquidated damages from Jones Co. for the delay. The dispute was submitted to an arbitrator who ruled against the contractor and in favor of the city.
Alternative Dispute Resolution Basics for Those in Business
David A. Pluchinsky of Beirne, Maynard & Parsons, L.L.P.
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms ? commonly referred to as ADR -- to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process through which the parties meet and try to negotiate a resolution to their dispute by using an objective third-party facilitator. Arbitration is a process that results in a binding decision that the parties can seek to enforce through the courts. Outlined below are the basics that can be expected in the typical mediation or arbitration.
Is an Arbitration Panel A "Tribunal"?
David W. Kenna of Mound Cotton Wollan & Greengrass
In the course of an arbitration in England under the English Arbitration Act of 1996, entitled Medway Power Limited.
International Arbitration Clauses Keep Trading Partners on Track
Beirne, Maynard & Parsons, L.L.P.
A Conroe-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption and red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns about the risks of the project.
No-Fault Arbitrator Reform!
Marc M. Dittenhoefer of Blank, Goolnick & Dittenhoefer
By now all of us are aware of the changes to Insurance Department Regulation 68 and the way these changes will affect our quest to ensure that our clients receive their full measure of benefits due them under the No-Fault Law. We are all likewise familiar with the arbitration process currently administered by the American Arbitration Association (A.A.A.) under the aegis of the Insurance Department, as well as the procedures in place for review of Arbitration decisions by Master Arbitrators.
Intellectual Property Disputes Under the Amended AAA International Rules
Paul S. Schmidtberger of Coudert Brothers LLP
The arbitration of international intellectual property disputes presents unique challenges. Intellectual property.
Worldly Preparation: Alternative Dispute Resolution in a Global Setting
Jeffrey J. Hessekiel and Dana Haviland of Wilson Sonsini Goodrich & Rosati
The article argues that, in view of the many advantages that arbitration offers over litigation in the international arena, such clauses should be de rigueur in most international agreements.
How Much Justice Can You Afford?
Wilson & Orcutt, P.C.
Most litigation attorneys will readily admit that, when all is said and done, they are the only real "winners" left.
Parties can Contract for Broad Judicial Review of Arbitral Awards According to U.S. Appellate Court
Coudert Brothers LLP
The U.S. Ninth Circuit Court of Appeals, on December 9, 1997, ruled that parties to an agreement can contract for .
Domestic Commercial Arbitration in Canada
James Kenneth McEwan of Farris, Vaughan, Wills & Murphy
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.
To Arbitrate or Not to Arbitrate: Clients should carefully consider agreement for binding arbitration
Slattery & Jespersen, P.C.
Clients often view arbitration as a method to resolve disputes that is preferable to litigation in the court system.
Arbitration Agreements: Ninth Circuit Upholds Heightened Judicial Review In Deference To Terms of Parties' Agreement
Mound Cotton Wollan & Greengrass
The Ninth Circuit, in La Pine Technology Corp. v. Kyocera Corp.; Kyocera Corp. v. Prudential-Bache Trade Services I.
ICC Arbitration Rules to be Revised
Coudert Brothers LLP
Introduction Despite the growth of other international arbitration institutions throughout the world, arb.
Waffling Circuits: Workplace ADR After Circuit City and Waffle House
Francis T. Coleman*
From a legal standpoint, alternate dispute resolution ("ADR") agreements in the workplace have exhilarated HR and employment law.
Negotiating the Lower Levels of Dante's Inferno: The Litigation Process
Jonathan P. Sauer of Jonathan P. Sauer,PC
One of the least understood aspects of the litigation process is the litigation process.
Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California
Farella Braun + Martel LLP
This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer arbitration agreements purporting to preclude classwide arbitrations may be unconscionable and unenforceable in circumstances where (1) the contract is
one of adhesion, (2) the consumer complains that the defendant purposefully cheated large numbers of individuals out of individually small sums of money and (3) the obligation at issue is governed by California law.
Revisiting Arbitration of Employment Discrimination Disputes--A Cost Efficient Method of Resolution?
Dykema Gossett PLLC
Employment litigation is on the rise. Current and former employees disgruntled with their termination, lack of pro.
The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the Federal Arbitration Act and the Texas Arbitration Act
David A. Pluchinsky and John W. Lynd of Beirne, Maynard & Parsons, L.L.P.
This article is intended to provide the basics for confirmation of an arbitration award as well as the basics for vacating, modifying or correcting an arbitration award under the Federal Arbitration Act and the Texas Arbitration Act. Differences between the two acts are also noted.
Cross-Border Intellectual Property Disputes: Should My Company Use International Arbitration?
Gary L. Benton of Pillsbury Winthrop Shaw Pittman LLP
Cross-border intellectual property disputes present unique challenges. Many companies in the technology, publishing.
Be Cautious About Arbitration Clauses
Beirne, Maynard & Parsons, L.L.P.
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor.
While the project sounds lucrative, the prospect of labor strikes, corruption, red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns.
Arbitration In International Project Finance: Drafting the Arbitration Provision
Sharif A Touray of Cadwalader, Wickersham & Taft LLP
This is Part Two of a Two-Part Series on the use of Arbitration in International Project Finance Transactions Pa.
Dispute Resolution Procedures for U.S. Exporters
Margaret M. Gatti of Gatti & Associates
(Article appeared in the 1996 Official Export Guide) All Rights Reserved The primary concern of all U.S. export.
Arbitration & Mediation (March 2004): When it Comes to Arbitration, Be Careful What You Ask For
Joseph E. Floren of Steefel, Levitt & Weiss
You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even when there is no apparent basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis.
Collateral Estoppel and the Scope of Review of Arbitral Awards in California
Pillsbury Winthrop Shaw Pittman LLP
On March 25, 1998, the California Supreme Court granted review, and asked for briefing on the issue of "Whether c.
What it all means
Federal Trade Commission
This is a glossary of ADR terms.
What is an Arbitrator's Duty of Disclosure?
Loeb & Loeb LLP
An arbitrator undertakes an awesome responsibility. He or she will be judge, jury, clerk, stenographic reporter an.
Courts Beginning to Reverse Position, Reject Employers' Arbitration Provisions
Dykema Gossett PLLC
Recent decisions in Michigan and other jurisdictions suggest that courts may be backing away from enforcing so cal.
Southern District Of New York Applies New York Insurance Law Section 1213 To Strike Unauthorized Insurer's Pleading For Failing To Post Security
Elisa T. Gilbert of Mound Cotton Wollan & Greengrass
The Southern District of New York recently struck the answer of an unlicensed foreign insurer that failed to post p.
Findlaw Interview with Mark Jansen of Townsend and Townsend and Crew
FindLaw M V
Mark Jansen is a partner in Townsend and Townsend and Crew LLP's San Francisco office. He is a trial attorney whose practice includes antitrust, unfair business practice, business tort, intellectual property and other business dispute litigation. He recently prevailed in the case of POWERAGENT INC. v. ELECTRONIC DATA for his client, Electronic Data Systems, and discussed the case with FindLaw.
Arbitration v. Litigation In Court: Which To Choose If You Have The Choice
Edward C. Mengel of White and Williams LLP
When you have a choice of forums in which to litigate a dispute you can't otherwise resolve, which is cheaper, liti.
Divided Supreme Courts Decide Bazzle v. Green Tree: Lack of Clarity in Decision Requires Caution in Dealing with Arbitration and Class Actions
David H. Gibbs of Nixon Peabody LLP
The Supreme Court in a divided 4-3 - 1-1 decision reversed the decision of the South Carolina Supreme Court in Green Tree Financial Corp. v. Bazzle to allow class actions in arbitrations when the agreement between the parties was silent on the issue. The Court remanded the case for consideration by the arbitrator of the parties' intent concerning the availability of class actions in arbitration proceedings.
Does the Arbitration Clause In Your Contract Protect You ? What You Should Know About Construction Arbitration Clauses
Last & Faoro
Unfortunately, litigation has become a common method for resolving construction industry disputes. While you may pr.
The Arbitration of International Technology Disputes Under the English Arbitration Act 1996[1]
Gary L. Benton of Coudert Brothers LLP
I. INTRODUCTION MANY INDUSTRIES have come to benefit from the unprecedented expansion of the global economy and.
Why Settle for Less?
Lawrence R. Booth of Booth & Koskoff
There are many factors which drive a plaintiff's attorney or his client to settle a personal injury case, whether .
Pre-Dispute Agreements to Arbitrate Statutory Discrimination Claims: Are Plaintiffs Gaining the Upper Hand?
Christopher A. Barreca of Paul, Hastings, Janofsky & Walker LLP
Pre-dispute arbitration agreements have again become a hot topic in the employment arena, not only because they pro.
Arbitration?International Commercial
J. William Rowley, Q.C.,David W. Kent and Markus Koehnen of McMillan LLP
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes.
Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration
Robert N. Rapp of Calfee, Halter & Griswold LLP
It is common today for consumer goods and services
purchase and financing agreements, and credit card
agreements, to include a provision requiring disputes
to be submitted to arbitration. These provisions identify
the arbitration forum in which the dispute will be
determined, and often spell out procedural requirements,
limitations and other aspects of the process.
Waging War Against Binding Arbitration: Will Trial Lawyers Win the Battle?
Erika Birg*
We all likely consume goods or services subject to standard contracts with vendors, contracts that we often do not even bother to read before we sign. Only when a problem with the vendor ? or the provided goods or services ? arises do we even pull the contract out (if we can find it) to peruse the promises and obligations
Designing an Arbitration Clause
Frank E. Riggs of Smith, Currie & Hancock LLP
When first introduced to the construction industry, arbitration was hailed as a light at the end of the frequently .
Bridging the Enforcement Gap?
Jessica L. Su of Coudert Brothers LLP
Enforcing foreign arbitral awards in China has never been straightforward. Foreign companies have found in the pa.
Arbitration in Florida: Voluntary or Court Ordered
Leonard P. Reina of
Today's trial practice requires that attorneys be familiar with the most common forms of alternative dispute .
Arbitration-Domestic Commercial
Kenneth McEwan of Farris, Vaughan, Wills & Murphy
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.
UK / US Construction Comparison
Vincent W. King, P.A.
There are interesting parallels as well as interesting .
Canadian Law on International Commercial Arbitration
J. William F. Rowley,David W. Kent and Markus Koehnen of McMillan LLP
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes. However, economic liberalization and technological change over the last two decades have profoundly altered the global economy.
Arbitration Over a Court Proceeding: Is There Really Any Question?
Law Office of Clifford B. Malone, Jr.
Although legal scholars can debate whether the court system can or should accommodate a quick and judicious .
Arbitration Award Vacated
Philip L. Fortune of Smith, Currie & Hancock LLP
The trend to alternative dispute resolution (ADR) procedures has gained national support and recognition. Many cou.
Consumer Guide to the Legal Fee Arbitration Program
This article discusses the legal fee arbitration program in Florida.
Bullet-Proofing Your International Arbitration: 6 Important factors your lawyer should consider when writing your contracts
Nicolas C. Ulmer of Winston & Strawn LLP
International traders inevitably encounter arbitration, or at least arbitration clauses. When all is said and done, commercial parties from one country will rarely agree to submit their disputes to the courts of their foreign commercial partners. Reprinted from World Trade Magazine, Copyright 2000.
Michigan Court Of Appeals Rules That Employers May Contract With Employees To Arbitrate Statutory Civil Rights Claims
Bodman LLP
Diane L. Akers, a partner in our Detroit office, has achieved a significant ruling from the Michigan Court of Appea.
Texas Supreme Court Embraces Binding Arbitration in Employment Disputes
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The Texas Supreme Court recently provided private sector employers some good news concerning mandatory arbitration programs. The Court's latest decision makes it clear that arbitration agreements are here to stay and that the Court is tired of continued, unfounded attacks on the enforceability of such agreements, especially in the employment context.
Pre-Hearing Discovery in Arbitration: Is It Illusory?
Roseann Oliver of Cahill, Christian & Kunkle, Ltd.
Introduction In the past few years, more litigation has moved away from the courtroom and into the arbitration .
Arbitration Expert Predicts 21st Century Trends
Dykema Gossett PLLC
Thomas J. Stipanowich, a law professor at the University of Kentucky and a nationally- recognized expert in the fie.
Enforcement of Foreign Judgements and Arbitration Awards in Indonesia
Michael S Horn of Coudert Brothers LLP
This memorandum will explain the enforcement of foreign judgements and arbitration awards in the Republic of Indon.
Another Look at Remedies in Arbitration
Harvey W. Berman of Bodman LLP
It is widely recognized that arbitrators have broad authority to order any type of relief, even if the relief could.