All posts by Jill Gross

FINRA increases number of arbitrators on lists for parties to rank and strike

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Effective September 27, 2010, FINRA’s Code of Arbitration Procedure will be amended to increase from eight to ten the number of arbitrator candidates parties will receive on each of the prospective panel lists (Chair-qualified, public and industry arbitrator lists) that FINRA generates during the neutral selection process.  FINRA proposed this change, and the SEC quickly approved … Continue reading FINRA increases number of arbitrators on lists for parties to rank and strike →

FINRA waiving arbitrator training fees for a limited time

FINRA recently announced that it will waive the fees for its arbitrator training programs.  This applies to both the basic arbitrator training program for new arbitrators (normally a $125 fee) and subject-specific online training modules (typically costing between $25 and $50).  So if you have been thinking of applying to be a FINRA arbitrator, or … Continue reading FINRA waiving arbitrator training fees for a limited time →

NY Lower Court Confirms Madoff-Related Arbitration Award

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A New York lower court has denied a “feeder” hedge fund’s motion to vacate an arbitration award issued by a majority of an American Arbitration Association panel in connection with an investor’s claim against the fund for losses related to the Madoff Ponzi scheme.  In Wiederhorn v. Merkin (601265/2010), New York Supreme Court, New York County, … Continue reading NY Lower Court Confirms Madoff-Related Arbitration Award →

New York last state in the country to finally add a no-fault divorce provision

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In a development likely to reduce the number of matrimonial disputes going through acrimonious litigation in New York, Governor David Patterson finally signed into law yesterday an amendment to New York’s domestic relations law adding “irreconcilable differences” as a valid ground for divorce.  New York was the only state remaining in the country to require proof … Continue reading New York last state in the country to finally add a no-fault divorce provision →

Washington State Highest Court Rules Statutes of Limitations Do NOT Apply to Arbitration

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In a closely-watched case, the Supreme Court of the State of Washington held today that statutes of limitation do not apply in arbitration.   Broom v. Morgan Stanley DW, Inc., No. 82311-1 (Sup. Ct. Wa. July 22, 2010).  In that case, an NASD arbitration panel dismissed investors’ garden-variety suitability claims against their brokers on state statute of … Continue reading Washington State Highest Court Rules Statutes of Limitations Do NOT Apply to Arbitration →

New Volume of Pepperdine Dispute Resolution Journal

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Volume 10, Issue 3 of the PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL has appeared in print.  Articles included in this volume are:  Taking It Upstream:  Collaboration, Consensus Building & Sustainable Development–Green Leadership (Un)conference.  10 Pepp. Disp. Resol. L.J. 351-521 (2010).  Zikman, Steve.  Foreword.  10 Pepp. Disp. Resol. L.J. 351-354 (2010).  Zikman, Steve.  South Pasadena:  a dialogue on dialogue.  10 Pepp. … Continue reading New Volume of Pepperdine Dispute Resolution Journal →

Alabama Supreme Court Holds FAA Vacatur Provisions Do Not Preempt State Vacatur Grounds

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Last week the Alabama Supreme Court, in Raymond James Fin. Servs., Inc. v. Honea, 2010 WL 2471019 (Ala. June 18, 2010), held that section 10 of the Federal Arbitration Act, which prescribes the exclusive grounds for vacating arbitration awards under federal law, does not preempt vacatur grounds under state law.   In that case, a securities brokerage firm’s customer agreement contained … Continue reading Alabama Supreme Court Holds FAA Vacatur Provisions Do Not Preempt State Vacatur Grounds →

FINRA proposes changes to arbitrator list selection procedures

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The SEC has published for public comment a proposed FINRA rule change to the process for selecting arbitrators in FINRA Dispute Resolution arbitrations.  The new rule would increase the number of arbitrators on the lists generated by FINRA’s neutral list selection system that are sent to the parties as potential arbitrators for a particular case.  Currently, in a … Continue reading FINRA proposes changes to arbitrator list selection procedures →

Conference at U. Tenn. on Behavior and Business Law

The University of Tennessee College of Law is hosting a conference on October 2, 2010 to celebrate the 15th Anniversary of its James L. Clayton Center for Entrepreneurial Law, A Multidisciplinary Event: Behavior and Business Law.   One of the workshops focuses on ADR and Economics/Behavioral Science and features Barbara Black, University of Cincinnati College of … Continue reading Conference at U. Tenn. on Behavior and Business Law →