High Court Restricts Judges' Role In Deciding Arbitration Fairness
The National Law Journal
Tuesday, August 17, 2010
Continuing a strong pro-arbitration bent, the U.S. Supreme Court in June made it more difficult for consumers and employees to challenge the fairness of arbitration agreements in court.
3rd Circuit Has Clear Rule on Pre-Hearing Discovery in Arbitration
The Legal Intelligencer
Tuesday, August 17, 2010
Bob is an experienced alternative dispute resolution, or ADR, practitioner. Just yesterday, for instance, he patted himself on the back after a case management conference.
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.
4th Circuit Takes One Small Step For Vacatur in Arbitration Ruling
The Legal Intelligencer
Friday, June 25, 2010
Court rulings vacating arbitration awards are few and far between. Arbitration appeals are usually uphill battles, and the standard applied by courts to arbitrators' rulings are among the most deferential in the law. Against this backdrop, Raymond James v. Bishop, a Feb. 22 decision by the 4th U.S. Circuit Court of Appeals, presents some rare support for parties seeking vacatur of an arbitration ruling.
Mediators Need to Be Mindful of Role's Potential Pitfalls
The Legal Intelligencer
Monday, April 19, 2010
It is always both enlightening and amusing to read about the travails of "Bob," the hypothetical attorney who appears regularly in the bimonthly ADR columns of Charles Forer in this space.
The Risk of Appealing an Arbitration Award
The Legal Intelligencer
Monday, December 21, 2009
"The bad news," Bob told client Anne, "is that the arbitrator rejected my argument regarding the interpretation of your contract with John."
