FINRA Dispute Resolution announced earlier this week that it is expanding the pilot program it launched in 2008 to provide investors with more choice in selecting arbitrators for customer cases heard by FINRA arbitrators. Rather than being forced to select at least one industry arbitrator on all three-arbitrator panels, FINRA gave investors the right, in essence, to strike … Continue reading FINRA Expands Its Public Arbitrator Pilot Program
… Barrack Obama, as of about half an hour ago. The four U.S. Presidents to have received the Noble Peace Prize. http://nobelprize.org/ http://www.cnn.com/2009/WORLD/europe/10/09/nobel.peace.prize/index.html
Another take on the implications of Hall Street. This article discusses the fate of the manifest disregard standard and considers whether parties may have avenues other than the FAA for obtaining review of their arbitration awards: “Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption” NICHOLAS R. WEISKOPF, St. John’s University – School of … Continue reading Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption
Many thanks to Art, Andrea, and the other hosts for giving me the chance to report back on the conference recently hosted by the Carey Center at St. John’s titled ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination. This is clearly an emerging field, with UNLV’s Saltman Center hosting a conference raising some of the same issues … Continue reading ADR Meets Bankruptcy, Pt. 1
The Daily Labor Report notes that Senators Al Franken and Mary Landrieu proposed legislation designed to address some of the issues raised by the Jamie Leigh Jones case. That case, discussed in one of my earlier posts, addressed the question whether an employee of Halliburton could be required to arbitrate her rape claims as well … Continue reading Proposed Legislation Designed to Avoid Arbitration of Tort Claims
Just learned about a blog, written by Adrienne Carlson, that has links to a number of devices to be used in the classroom. It looks like some of them would be useful for teaching dispute resolution. See http://www.accreditedonlineuniversities.com/100-best-open-source-apps-for-educators/ (look at CoFFEE and Mando, in particular).
Please join me in welcoming Professor Paul F. Kirgis from St.John’s University as a guest blogger here on Indisputably. As you may recall, St.John’s recently hosted a symposium entitled: ADR Meets Bankruptcy: Cross Purposes or Cross Pollination? (For more info on the conference, go here.) According to Paul, the presentations were eye-opening, and we’ve asked … Continue reading Welcome Guest Blogger Paul F. Kirgis
On Friday October 9th our good friends at the University of Missouri have a symposium entitled the Creeping Legalism of Labor Arbitration. There’s been a lot of discussion recently about whether arbitration is the new litigation, and this program will take that concept a step further. The line up of speakers is very good, which … Continue reading The Creeping Legalism of Labor Arbitration
Two recent articles have been published regarding the evolving circuit split as to whether the “manifest disregard of the law” standard of review of arbitration awards survives the Supreme Court’s 2008 decision in Hall Street. Each article offers a different framework in which to analyze Hall Street and its impact on the manifest disregard standard of vacatur, … Continue reading Resolving the circuit split over manifest disregard
On November 6th our friends at Fordham will be hosting their annual dispute resolution forum, this one on the intersection between culture and disputing processes. Professor Oscar Chase from the NYU Law School will be the keynote speaker and will be followed by an excellent panel of discussants. For more information, including registration information, go … Continue reading The Relationship between Culture and Disputing Processes
