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
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
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
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
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
Today I received my monthly bill from one of my credit card companies with enclosed notices, including a notice of amendments to the credit card agreement. The first revision states: Arbitration will no longer be used to resolve new disputes arising under your Agreement, or any claim or dispute related to benefits or services provided … Continue reading The Decline in Credit Card Arbitration
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
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
The latest “Your Money” column in yesterday’s New York Times is sure to contribute to the ongoing debate regarding gender differences in negotiation. Entitled “A Women’s Toolkit for Seeking a Raise,” the column reports on new research of gender differences in negotiation and posits that women should use strategies different from those men typically use when negotiating for a … Continue reading More on gender and negotiation
In a decision with ramifications for employees and consumers subject to a mandatory arbitration agreement, New York’s Court of Appeals recently held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating … Continue reading NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement
