As promised, I have reviewed the papers in Stok & Associates, P.A. v. Citibank, N.A, Docket 10-514, in which the Supreme Court granted certioriari last week to decide the following question: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by … Continue reading More on Stok and Arbitration Waiver
On Tuesday (Feb. 22), the Supreme Court granted a cert petition in Stok & Associates v. Citibank, Docket 10-514. The issue presented is: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver … Continue reading Supreme Court Grants Cert. Petition in Arbitration Case
FINRA continues to revise its Codes of Arbitration Procedure in response to developments in arbitration practice. This week FINRA filed with the SEC two new rule change proposals: (1) to codify current practice that parties have the right to reply to responses to motions within five days of the response; and (2) to eliminate the … Continue reading More FINRA Dispute Resolution Arbitration-Related Rule Proposals
The Seventh Circuit Court of Appeals recently held that a court cannot consider an arbitrator’s reputational interest in being appointed again in the future when determining whether that arbitrator is “disinterested” within the meaning of the parties’ arbitration agreement. Trustmark Ins. Co. v. Hancock Life Ins. Co. (USA), __ F.3d __, 2011 WL 285156 (7th … Continue reading Arbitrator’s “Reputational Interest” In Being Appointed Again Does Not Impact His Neutrality
The anti-consumer arbitration movement is coming to a theatre (and TV screen) near you. HBO just acquired the rights to air, after its Oscar-qualifying theatrical run, the documentary “Hot Coffee,” which premiered at the Sundance Festival in Park City, Utah last week. The documentary tells the story of the woman who obtained a $2.7 million … Continue reading Documentary film at Sundance festival decries tort system and mandatory arbitration
Last week, France adopted a new law on arbitration, Decree No. 2011-48 dated January 13, 2011. The law, the first French reform of arbitration law since the 1980s, codifies existing case law, reaffirms the French legal system’s support of arbitration, and seeks to establish France as a leader in the field of international arbitration. In … Continue reading France Adopts New Arbitration Law
In a remarkably short time period, the Securities and Exchange Commission approved a proposed rule change filed by FINRA to provide investors with the option of selecting an all public arbitrator panel in arbitrations filed against their brokers or brokerage firms in FINRA’s Dispute Resolution forum. Thus, customer claimants have the option of eliminating an … Continue reading SEC Approves All Public Panel Option for FINRA Customer Arbitrations
The New York Times printed today an article by its controversial columnist, Gretchen Morgenson, entitled “Arbitration, Litigation, Aggravation.” The article reports on a FINRA arbitration brought by a beneficiary trust of Helen Cohen, an elderly widow who died in 2008, alleging that her broker at the State Employees Credit Union (SECU) improperly recommended that she … Continue reading Is Gretchen Morgenson Now A Fan of Securities Arbitration?
FINRA is looking for arbitrators for its rosters in many areas of the country, particularly smaller urban areas. FINRA Dispute Resolution provides a forum for the resolution of securities-related disputes, including customer-broker, broker-firm employment disputes, and intra-industry disputes. For a chart of locations where arbitrator applicants are needed and information about how to apply, click … Continue reading FINRA Needs Arbitrators
My law librarian just forwarded to me this link to an article in West’s newsletter Law Librarians containing very useful tips on researching arbitration awards through West databases.
