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PRACTICE COLUMNS
Alternative Dispute Resolution
Seeking Summary Judgment in Arbitration Proceedings
Thursday, October 22, 2009
Bob likes arbitration because it provides his clients with speedy, efficient and cost-saving results. One rub, however, is that some arbitrators flatly refuse to consider summary judgment motions.
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Arbitration Witness Preparation When It Counts
Monday, December 15, 2008
It was a close case. In preparation for the arbitration hearing, Bob had spent a lot of time preparing his client, Roger. Roger was going to testify that John, his former partner, had engaged in mischief with partnership funds and steered partnership opportunities to himself.
Appealing Arbitration Awards Based on Manifest Disregard of the Law
Monday, November 17, 2008
This seems to be the season for alternative dispute resolution articles in The Legal Intelligencer focusing on appeals from arbitration awards.
Filing a Timely Petition to Vacate an Arbitration Award
Monday, October 20, 2008
"We have 30 days to file our papers," Bob said to Anne, his client, an hour after learning that the three arbitrators had found in favor of John and against Anne, after a hotly contested three-day arbitration hearing.
Written Opinions in Arbitration Aren't a Given
Monday, September 22, 2008
Occasionally, however, after issuing an award in a case where the arbitration agreement or rules did not require an opinion, the losing party will request or insist on an opinion over the objection of the prevailing party.
Community Opportunities, Inc. v. Pine Hollow Mechanical, Inc.
Monday, July 21, 2008
Pine Hollow, a contractor on the owner's construction site, asserted a claim on July 13, 2005, for damages caused by delay, damages then estimated at $20,000. In October, Pine Hollow submitted a claim for additional amounts estimated at nearly $200,000. On November 14, 2005, it demanded arbitration. The owner's counsel wrote at least two letters, submitted with the pleadings, that showed it was at least contemplating arbitration with the American Arbitration Association. After the date of those two letters, on June 9, 2006, Pine Hollow submitted a "revised claim" to the AAA and to the owner's counsel, detailing a claim for $444,075.81, with several new elements of damage.
Can Parties Expand the Scope of
Review in an Arbitration Appeal?
Monday, March 20, 2006
Bob's client, a well-known insurance company, never thought it should provide coverage in the first place to an insured in a catastrophic personal injury case. Playing it safe, however, the insurer defended the case, and paid out several million dollars to the injured plaintiff in a settlement. But that was not the end of the story. Bob represented the insurer in its suit against the insured, seeking reimbursement for the multi-million dollar settlement amount and the considerable defense costs it incurred
Commerce Court ADR Procedure
Suited to Business Courts
Tuesday, February 7, 2006
The Commerce Court is providing a new alternative dispute resolution procedure to litigants. The procedure combines the use of a three-judge panel, ruling on the questions of law that will control the case, with arbitration, where the final factual determinations will be made in light of the three-judge panel opinion.
Expanding the Scope of
Appellate Review in Arbitration
Monday, December 19, 2005
When we last checked, Bob was trying to have his cake and eat it too. He sought arbitration so that his client could benefit from the lower costs and expeditious determinations that arbitration at its best offers. But he wanted to expand the scope of judicial review so his client could appeal any perceived errors of law in the final arbitration award.
Can Parties Expand the Scope of Review in an Arbitration Appeal?
Monday, October 17, 2005
Bob is clever. He likes arbitration. It is faster than litigation. Through the arbitrator-selection process, he can pick his judge and jury. Discovery is limited. And he knows that the arbitrator will understand the complexities of the cases that Bob customarily litigates.
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