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The Risks of Insisting on a 'Reasoned' Award in Arbitration
The Legal Intelligencer
Monday, November 21, 2011
Although Bob has messed up in all kinds of ways in ADR, he remains a steadfast supporter of ADR. It provides a quick, efficient and informal means of private dispute resolution.
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Res Judicata, Collateral Estoppel and Arbitration: Part II
The Legal Intelligencer
Monday, August 15, 2011
The relative informality of arbitration proceedings, the general incompleteness of the record, and the absence of a reasoned opinion that would fully reflect the basis and scope of the arbitrator's decision have caused courts to exercise considerable discretion in deciding whether to apply issue preclusion to arbitration awards
How to Improve at ADR
The Legal Intelligencer
Tuesday, April 12, 2011
With the ever-present backlog of trial court calendars across Pennsylvania, more litigants are turning to non-binding mediation or binding arbitration to bring their cases to a resolution. Of course, the uncertainty attendant with jury trials has always been a great motivator for parties to move their cases, as well.
Not Accessing E-mail Costs Attorney the Right to Arbitrate
The Legal Intelligencer
Tuesday, February 15, 2011
Not knowing how to use e-mail is not a valid excuse for missing a mandatory arbitration over attorney fees, a Philadelphia judge ruled last month.
The Danger of Designating a Specific Arbitrator
The Legal Intelligencer
Tuesday, January 25, 2011
What happens when the arbitrator designated in a contract is not available when a dispute arises? Recent decisions by the Pennsylvania Superior Court and the U.S. District Court for the District of New Jersey address whether an arbitration clause is enforceable when the specific arbitration panel identified in a contract is unavailable.
Assuring the Arbitration Agreement Reflects Your Intent
The Legal Intelligencer
Monday, December 20, 2010
In advising resort to arbitration, counsel generally weigh factors such as informality, speed, cost, confidentiality, fact-finder expertise and venue.
When Specified Arbitrator Can't Serve, Agreement Is Void: Court
The Legal Intelligencer
Tuesday, November 16, 2010
An arbitration agreement requiring a specific arbitrator and set of rules is not enforceable when that arbitrator is no longer available, the Superior Court has ruled in an apparent issue of first impression.
Arbitration Awards, Legal Representation and Public Policy
The Legal Intelligencer
Monday, October 18, 2010
Articles have recently appeared in The Legal Intelligencer considering whether and when courts may review and vacate the awards of arbitrators. Usually, they have focused on whether review based upon a manifest disregard of the law by the arbitrator remains a viable ground in light of the decision of the U.S. Supreme Court in Hall Street Associates v. Mattel, Inc., which appeared to limit the grounds for review and vacatur to those set forth in the Federal Arbitration Act. Other articles have considered what may be considered a conflict of interest on the part of an arbitrator.
ADR Directory & Supplement 2010
The Legal Intelligencer
Tuesday, August 17, 2010
Click here to view the full text of the Alternative Dispute Resolution Supplement in the August 17, 2010 edition of The Legal Intelligencer.
Arbitration Appeals Based Upon Manifest Disregard of the Law
The Legal Intelligencer
Tuesday, August 17, 2010
Two years have passed since the U.S. Supreme Court's decision in Hall Street Associates v. Mattel Inc., in which the court denied parties the ability through their arbitration agreements to create a judicial right of review in circumstances other than those specifically set forth in the Federal Arbitration Act, or FAA.
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