On the lighter side, today, one of my colleagues, Larry Garvin, sent me a link to the “Mediator March”, composed in 1915 by James M. Fulton (1873-1940). As Larry notes, it is odd to think of a march as representative of ADR, but, who knows? Here is a link: http://www.forgottenamericanmusic.com/recordings/The_Mediator_March.mp3 This weekend, Ms. Manners’ column … Continue reading The “Mediator March” and Ms. Manners
The Second Circuit in Stolt-Nielsen SA v. Animalfeeds Int’l Corp., No. 06-3473 (2nd Cir. 2008), www.reinsurancefocus.com/uploads/Stolt.pdf, held that courts may continue to review arbitration awards to determine whether the arbitrator manifestly disregarded the law when he or she rules on a case. Acknowledging that some courts have held that manifest disregard did not survive the … Continue reading Second Circuit Rules that Manifest Disregard Exists After Hall Street
I was just informed that certiorari was granted in Arthur Andersen LLP, et al., v. Carlisle, et al. (08-146), on Friday. The question at issue is whether, under the Federal Arbitration Act, federal circuits courts have jurisdiction to hear appeals of denials of motions to compel arbitration raised by parties that did not sign the … Continue reading Certiorari Grant in Third Arbitration Case for 2008-09 Term
Although I have not had a chance to read the case or this article, I thought readers would like to know that ADRworld.com is reporting that: The U.S. Supreme Court recently overturned a ruling by the Ninth Circuit that partially vacated an arbitration award based on manifest disregard of the law and instructed the appeals … Continue reading More evidence of the demise of Manifest Disregard
From Scientific American website, http://www.sciam.com/blog/60-second-science/post.cfm?id=no-peace-for-science-international-2008-10-10L Martti Ahtisaari takes the 2008 Nobel Peace Prize “for his important efforts, on several continents and over more than three decades, to resolve international conflicts.” A former President of Finland, Ahtissari mediated conflicts ranging from apartheid South Africa’s occupation of Namibia in the 1980s to Kosovo in the 2000s and … Continue reading Nobel Peace Prize goes to International Mediator
Discover Bank v. Vaden will have oral arguments today — this case will address: 1. Whether a suit seeking to enforce a state-law arbitration obligation brought under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, “aris[es] under” federal law, when the petition to compel itself raises no federal question but the dispute … Continue reading Penn Plaza to be argued 12/1; Vaden to be argued today!
In an earlier post, I mentioned that my colleagues at Ohio State are working on a new form of ADR — Election ADR or EL-ADR. Readers may be interested to know about an Oct. 20 (at 10:00 a.m.) event co-sponsored by Election Law @ Moritz, the AEI-Brookings Election Reform Project, and Georgetown’s Supreme Court Institute. … Continue reading Upcoming Election ADR Event
On SSRN, Chris Drahozal and Quentin Wittrock posted an article analyzing whether franchisors are moving away from mandatory arbitration. Their abstract states: Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or … Continue reading Is there a flight from arbitration?
I just commented on a case from an Ohio Appellate Court where, according to adrworld.com, “the court ruled that a party’s consent to arbitrate an employment discrimination claim through the filing of a counterclaim that was later dismissed did not constitute a waiver of that party’s right to bring the same action in court where … Continue reading Cercone v. Merrill Lynch (Ohio Appellate Court)
The Respondents in the Pyett v. 14 Penn Plaza case, to be argued in the United States Supreme Court this fall, filed their brief this week. http://www.adrworld.com/si.asp?id=2498 Pyett’s argument is based primarily on a belief that Gardner-Denver, is still good law. According to respondents, “This Court’s holding in Alexander v. Gardner-Denver-Co., 415 U.S. 36 (1974), … Continue reading Pyett Files Brief in Supreme Court Arbitration Case
