Category Archives: Arbitration

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 →

Sternlight on Stolt-Nielsen v. AnimalFeeds

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Jean Sternlight often sends us post worthy info.  Here’s her response to Kirgis’ take on Stolt-Nielsen v. AnimalFeeds. As Paul Kirgis says, Stolt-Nielsen is a fascinating case.   Likely it will mean the end, almost immediately, of classwide arbitrations in all contexts.  Then the big question on that front is whether courts or arbitrators will … Continue reading Sternlight on Stolt-Nielsen v. AnimalFeeds →

Stolt-Nielsen v. Animalfeeds — Major Victory for Business

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I woke up today planning to blog about the oral argument in the Rent-a-Center, West, Inc. v. Jackson case that was argued yesterday in the Supreme Court — I will get to that, but wanted to write first about a major arbitration decision the Supreme Court handed down today: Stolt-Nielsen v. Animalfeeds (http://www.supremecourt.gov/opinions/09pdf/08-1198.pdf). The Court … Continue reading Stolt-Nielsen v. Animalfeeds — Major Victory for Business →

NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement

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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 →

“Arbitrators and National Courts: Conflict and Cooperation”

Professor Alan Rau sent me a description of an interesting symposium on international arbitration that will take place in Houston on May 13-14: The University of Texas, along with the Permanent Court of Arbitration and the Houston International Arbitration Club, will be sponsoring a symposium in Houston on May 13-14 on the subject, “Arbitrators and … Continue reading “Arbitrators and National Courts: Conflict and Cooperation” →

Judges as Arbitrators? See Delaware…

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Last weekend on the Harvard Law School Forum for Corporate Governance, partner Rachelle Silverberg from Wachtell Lipton posted the following blog: New rules took effect February in Delaware governing the arbitration of business disputes in the Delaware Court of Chancery. The rules implement amendments to Delaware law, adopted last year, granting the Chancery Court jurisdiction to … Continue reading Judges as Arbitrators? See Delaware… →

Washington & Lee and the United Nations Host a Joint Symposium on International Investment and ADR

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In a wonderful example of academia working with practitioners, I am delighted to announce this conference: On March 29, 2010, Washington and Lee School of Law will host a Joint Symposium with the United Nations Conference on Trade and Development (UNCTAD) to explore the prevention and efficient management of investment treaty disputes. The event will … Continue reading Washington & Lee and the United Nations Host a Joint Symposium on International Investment and ADR →

Cablevision agrees to binding arbitration with Walt Disney Co. in dispute over subscription fees

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For many New Yorkers who susbscribe to Cablevision for their TV service, the threatened inability to watch the Academy Awards tonight has been the source of much anxiety this week.   Just a few hours before the Awards show is set to air, Cablevision answered calls that it submit to binding arbitration to resolve its dispute with … Continue reading Cablevision agrees to binding arbitration with Walt Disney Co. in dispute over subscription fees →

Want to run a securities arbitration clinic?

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FINRA’s Investor Education Foundation recently has awarded grants to four law schools (Howard, Pepperdine, Florida International and Suffolk) to start Investor Advocacy law school clinics (securities arbitration) in law schools located outside of New York.    See Press Release, here.  Currently, approximately 14 law schools operate securities/investor rights clinics, but most are in the New York metropolitan area.   As a result … Continue reading Want to run a securities arbitration clinic? →

Deadline looms for closed GM and Chrysler auto dealers to challenge their termination in arbitration

Over 3000 car dealerships whose franchises were terminated by GM and Chrysler as part of those automakers’ bankruptcy restructurings have until midnight this Monday (Jan. 25) to challenge their termination by filing for arbitration in the American Arbitration Association.  Congress imposed this special arbitration process as part of its Consolidated Appropriations Act of 2010, an omnibus spending … Continue reading Deadline looms for closed GM and Chrysler auto dealers to challenge their termination in arbitration →