One of my colleagues expressed concern that the Hall Street decision might eliminate the use of the manifest disregard standard of review. I don’t think it will but am curious if anyone out there disagrees. Here is why I think manifest disregard still exists: The Court said that the manifest disregard standard is different than … Continue reading Additional Thoughts on Hall Street v. Mattel — Whither Manifest Disregard?
The Supreme Court decided Hall Street Associates today. Find the decision at: http://www.scotusblog.com/wp/ I am surprised by the 6-3 decision, authored by Justice Souter. The Court emphatically stated that sections 10 and 11 of the FAA are the exclusive grounds for expedited vacatur and modification of arbitration awards. The Court rejected the argument that the … Continue reading Hall Street Decision Today: Parties Cannot Expand Judicial Review of Arbitration Awards
Richard Reuben kindly has agreed to permit us to post the contents of the presentation he gave at the AALS meeting in January 2008 entitled “Teaching Hard Bargaining in an Interest-Based Negotiation Course.” Richard’s basic premise is NOT that hard bargaining ought to supplant instruction in interest-based bargaining. Nor does he argue that hard bargaining … Continue reading “Teaching Hard Bargaining in an Interest-Based Negotiation Course”
Ross Runkel mentions the Vaden case at: http://www.lawmemo.com/arbitrationblog/ Both scotusblog and lawmemo have the briefs available at http://www.lawmemo.com/supreme/case/vaden/ and http://www.scotusblog.com/wp/todays-orders-23/. Runkel mentions that the case will not be argued until Fall of 2008.
Lawyers, insurance industry managers, risk managers and human resource managers who make frequent use of private mediation increasingly expect mediators to: Prepare for mediation sessions, which includes holding pre-mediation discussions with counsel (also increasing the likelihood that counsel will be prepared); Permit counsel to have pre-mediation input into the mediation process itself, especially regarding the … Continue reading Repeat Players’ Expectations Regarding Private Civil, Non-Family Mediation
Today, the Supreme Court granted cert in a FOURTH arbitration case. Many years have passed since the Court granted cert in this many arbitration cases. The case, Vaden v. Discover Bank, 07-0773, will answer an important question about federal courts’ jurisdiction over disputes subject to an arbitration agreement that do not raise a federal question … Continue reading A Fourth U.S. Supreme Court Arbitration Case This Year
Jean Sternlight at UNLV recently sent out an announcement that they have just posted webcasts of some of their recent “Peace in the Desert” lectures. http://www.law.unlv.edu/media_Events.html Among the speakers are: John Paul Lederach, Professor of International Peacebuilding, The Joan B. Kroc Institute for International Peacebuilding, University of Notre Dame: “The Moral Imagination: The Art and … Continue reading “Peace in the Desert” Lecture Series Webcasts Now Available
Earlier in the semester, I taught Spaulding v. Zimmerman for the first time in an ethics course versus in a dispute resolution course. And, not completely surprisingly, the frame actually matters. You might remember that Spaulding v. Zimmerman is the case where there is a really nasty car accident. One of the survivors is a … Continue reading Spaulding v. Zimmerman as an Ethics Lesson
On March 8, the National Arbitration Forum blog reported that Fullbright and Jaworski conducted a survey of American companies which revealed that, “in recent years, American companies of all sizes have become less reliant on outside counsel.” See http://arbitration-forum.blogspot.com/2008_03_01_archive.html While the NAF bloggers speculate that the popularity of arbitration may be behind this change, it … Continue reading Why American Companies Resolve Disputes Outside of Litigation
Yesterday, I provided a link to the live blogging going on at the DSD symposium at Harvard Law School, and I erroneously linked only to the blog associated with yesterday afternoon’s panel on DSD in organizational settings. The live blogging takes place on a session-by-session basis, and the general portal is found at http://blogs.law.harvard.edu/hnmcp/2008/03/03/. Today’s panels … Continue reading Dispute Systems Design Symposium at Harvard Law School – Part 2
