The parties in Hall Street argued their case on November 7, 2007. While the argument was difficult to follow, I thought I could discern some of the justices’ points of view. Chief Justice Roberts suggested that when parties agree to expand judicial review of arbitration awards, they take themselves outside the scope of the Federal … Continue reading Hall Street v. Mattel Oral Argument Yesterday by Sarah Cole
Fulbright and Jaworski’s recently-released Fourth Annual Litigation Trends Survey Findings include an intriguing snapshot regarding corporations’ use and views of their dispute resolution process options. The survey is based on responses from 305 participants—general counsel, associate general counsel, vice-presidents & general counsel, and deputy general counsel—who work for publicly and privately held companies in the … Continue reading Corporate Use and Perceptions of ADR and What It Could Suggest for Legal Education
Hall St. Assocs., L.L.C. v. Mattel, Inc., 196 F. App’x 476 (9th Cir. 2006), cert. granted, 127 S. Ct. 2875 (May 29, 2007) Argument: November 7, 2007 By Sarah Cole Listen to the Podcast Issue: Whether the Federal Arbitration Act (“FAA”) prohibits federal courts from enforcing “a post-dispute agreement to review an arbitration award for … Continue reading Argument this Week in Hall Street Associates v. Mattel
As the Dispute Resolution Works in Progress Conference wrapped up Saturday, October 20, one of the attendees commented with great feeling on how truly special the opportunity to meet and exchange ideas had been. She and another colleague were seated at the end of a table, taking advantage of later flights to work together on … Continue reading Works in Progress Conference Wrap Up
When California legislators decided to require arbitration providers to disclose certain information about their arbitrations, they were probably focused on helping individual people who faced the prospect of participating in an arbitration proceeding. But the resulting data is also allowing us get an overall look at the status and effects of private arbitration, at least … Continue reading New California Data on Employment Arbitration
“Evident partiality” is one of the very few grounds upon which a court may vacate an arbitral award under Section 10 of the Federal Arbitration Act. The typical target of Section 10(a)(2) is an arbitrator who knows of a conflict of interest, fails to disclose it, and therefore fails to secure a waiver from the … Continue reading Arbitrators, Evident Partiality, and Contrived Ignorance
A recent case from the Ohio Supreme Court illustrates a division in the way different jurisdictions treat workers’ compensation claims where the employer and employee signed an arbitration agreement. In Peters v. Columbus Steel Castings Co., 115 Ohio St.3d 134 (2007) http://www.sconet.state.oh.us/rod/newpdf/default.asp, the employee agreed to arbitrate all claims he might have against his employer. … Continue reading Wrongful Death and Arbitration
Last summer, in Bell Atlantic Corp. v. Twombly, 550 U.S. ___, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), the Supreme Court may have signaled the tightening of pleading requirements. I’ve been wondering whether this also could signal the beginning of a trend that will affect the value—and perhaps even the viability—of ADR. It’s pretty clear … Continue reading The Possible Effect of Tightened Pleading Requirements on ADR
North Korea’s agreement to dismantle its nuclear program appears to be a stunning success of diplomacy. The six party talks appear to have brought the right actors to the table that can offer both carrots and sticks. Our $100 million in aid (1/3 of total package) seems like a bargain. Could it be that this … Continue reading Diplomacy as Catastrophe? Or is it a BOBO—the Best of Bad Options…
Too often, mediated settlement agreements produce post-mediation litigation in which one party alleges that the mediated agreement was the product of fraud. By encouraging parties to employ standard contracting devices, mediators can help parties to avoid some of most challenging aspects of these fights—and hopefully avoid the fights altogether. Last week, Professor Ellen Deason posted … Continue reading In Praise of (Written) Representations in Mediated Settlements
