Category Archives: Arbitration

Continuing the Discussion of the AT&T v. Concepcion Decision: Implications for the future

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Well, it would appear that Congress is the only hope for consumers who wish to vindicate their low value claims following the Supreme Court’s decision today in AT&T v. Concepcion. I agree with my fellow blogger Paul Kirgis’s insightful analysis of the case. But, I thought I would add my two cents. The Court was … Continue reading Continuing the Discussion of the AT&T v. Concepcion Decision: Implications for the future →

Rationalizing Costs in Investment Treaty Arbitration

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Susan Franck (Washington & Lee, currently visiting at Vanderbilt) recently posted her latest paper, Rationalizing Costs in Investment Treaty Arbitration, on SSRN.  The piece continues her empirical work in an important area of international finance, this time focusing on the hot button issue of costs.  Noting that several countries have left the investment treaty arbitration world … Continue reading Rationalizing Costs in Investment Treaty Arbitration →

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 →

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 →