Since her nomination, I have been wondering what impact The Honorable Sonia Sotomayor would have on the law of dispute resolution if she were confirmed as a Supreme Court Justice. While I could find no opinions she authored during her time on the Second Circuit Court of Appeals related to mediation law, I have read … Continue reading Judge Sotomayor and Arbitration Law
A propos of several recent postings on this blog about the Arbitration Fairness Act, Professor David S. Schwartz (U. Wisconsin) recently posted on SSRN an article entitled “Mandatory Arbitration and Fairness,” forthcoming in the Notre Dame Law Review. Here is the abstract: Until recently, it was understood that mandatory arbitration was a “do-it-yourself tort reform”: … Continue reading Mandatory Arbitration and Fairness
Yesterday, the North American Securities Administrators Association (NASAA) announced its full support (see press release here) of the Arbitration Fairness Act of 2009, which amends the Federal Arbitration Act to bar enforcement of pre-dispute arbitration clauses in a consumer, employment, franchise and civil rights dispute. NASAA, whose membership consists of the securities administrators in the 50 states … Continue reading NASAA Supports Arbitration Fairness Act
On May 5, I reported on this blog about the Arbitration Fairness Act of 2009, now introduced into both the Senate and the House to amend the Federal Arbitration Act to invalidate pre-dispute arbitration clauses in consumer services, franchise and employment agreements. As currently drafted, it is unclear whether the proposed Act would cover PDAAs … Continue reading Securities Arbitration and the Arbitration Fairness Act
Earlier this week, the Supreme Court, in a 6-3 decision, resolved a circuit split involving the Federal Arbitration Act. In Arthur Andersen LLP v. Carlisle, 2009 WL 1174853 (May 4, 2009), the Court interpreted section 16(a)(1)(A) of the Federal Arbitration Act, which provides a right to interlocutory appeal from “an order … refusing a stay of any action … Continue reading Supreme Court decides appealability under FAA
Last week, during the April 29 observance of “Arbitration Fairness Day,” Senator Russell Feingold introduced into the Senate the Arbitration Fairness Act of 2009 (s. 931). Senator Feingold’s website announcement states: The bill would make pre-dispute agreements requiring arbitration for any employment, consumer, franchise, or civil rights disputes unenforceable. The bill does not prohibit arbitration, but rather prevents … Continue reading Arbitration Fairness Act of 2009 – Senate version
My great friend and former colleague, Barbara Black (Cincinatti), is attending the 15th Institute of Law and Economic Policy (ILEP) conference in Scottsdale, Arizona on “Recoveries for Victims of Securities Fraud.” While she blogged generally about the conference here, she reported to me privately that Elisse Walter, the keynote speaker and a current Commissioner of … Continue reading An SEC Commissioner opposes mandatory arbitration
I am very pleased to join Indisputably as a guest blogger for the next few weeks. I have been writing about the fairness of arbitration, primarily securities arbitration, for the past few years. At Pace Law School, I have been teaching a Mediation & Arbitration survey course for the past few years. When I cover the … Continue reading Consumer arbitration clauses
