For those of you ADR scholars out there interested in an academic position, here is the announcement: The University of Maryland School of Law seeks applicants for a faculty position in the field of Alternative Dispute Resolution. The faculty member must have a sincere interest in and commitment to clinical teaching. The faculty member: 1) … Continue reading University of Maryland Law Hiring ADR Prof
In a surprising but welcome development, FINRA announced today that it will file a rule proposal next month with the Securities and Exchange Commission to make permanent its Public Arbitrator Pilot Program, in which investors are given the choice of selecting an all-public arbitrator panel in disputes with brokers, rather than a panel made up … Continue reading FINRA Proposes to Make Permanent its Public Arbitrator Pilot Program
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 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
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
