FINRA continues to revise its Codes of Arbitration Procedure in response to developments in arbitration practice. This week FINRA filed with the SEC two new rule change proposals: (1) to codify current practice that parties have the right to reply to responses to motions within five days of the response; and (2) to eliminate the … Continue reading More FINRA Dispute Resolution Arbitration-Related Rule Proposals
The Seventh Circuit Court of Appeals recently held that a court cannot consider an arbitrator’s reputational interest in being appointed again in the future when determining whether that arbitrator is “disinterested” within the meaning of the parties’ arbitration agreement. Trustmark Ins. Co. v. Hancock Life Ins. Co. (USA), __ F.3d __, 2011 WL 285156 (7th … Continue reading Arbitrator’s “Reputational Interest” In Being Appointed Again Does Not Impact His Neutrality
Many of us have students writing papers on ADR topics. There are at least two writing competitions taking submissions this spring for ADR papers. The best known is the James Boskey ADR Writing Competition, which is sponsored by the ABA Section of Dispute Resolution in conjunction with Jean Sternlight and UNLV’s Saltman Center. The deadline … Continue reading ADR Writing Competitions
From the New Yorker, where else?
Mediators Beyond Borders will be having its Annual Congress at UCLA from March 4th – 6th. The keynote speakers are Lawrence Susskind (one of my personal favorites) and Ashok Pannikar. Go here for registration and to find out more about the Congress. Here’s a short blurb explaining who MBB is. Mediators Beyond Borders – Partnering for Peace … Continue reading Mediators Beyond Borders – 4th Annual Congress
My most recent article, entitled Teaching Negotiation Ethics, is now available for download on SSRN. The article’s title pretty much says everything you need to know about the piece. Nevertheless, a copy of the abstract is below. The teaching of negotiation ethics is not necessarily a happy endeavor. The black letter law of negotiation ethics leaves many instructors … Continue reading Teaching Negotiation Ethics
The anti-consumer arbitration movement is coming to a theatre (and TV screen) near you. HBO just acquired the rights to air, after its Oscar-qualifying theatrical run, the documentary “Hot Coffee,” which premiered at the Sundance Festival in Park City, Utah last week. The documentary tells the story of the woman who obtained a $2.7 million … Continue reading Documentary film at Sundance festival decries tort system and mandatory arbitration
From Jen Reynolds at the University of Oregon School of Law. The University of Oregon recently announced that Michael Moffitt will become the next Dean of the Law School later this year. Oregon is seeking applications from faculty for either a visiting or permanent appointment with an emphasis in ADR. The Law School will begin … Continue reading Opening(s) at the University of Oregon
Last week, France adopted a new law on arbitration, Decree No. 2011-48 dated January 13, 2011. The law, the first French reform of arbitration law since the 1980s, codifies existing case law, reaffirms the French legal system’s support of arbitration, and seeks to establish France as a leader in the field of international arbitration. In … Continue reading France Adopts New Arbitration Law
In a remarkably short time period, the Securities and Exchange Commission approved a proposed rule change filed by FINRA to provide investors with the option of selecting an all public arbitrator panel in arbitrations filed against their brokers or brokerage firms in FINRA’s Dispute Resolution forum. Thus, customer claimants have the option of eliminating an … Continue reading SEC Approves All Public Panel Option for FINRA Customer Arbitrations
