Two recent court decisions have bubbled through the cyber-community of ListServes and blogs. Both address attorney disqualification -- one in the context of a mediation and the other in the context of an arbitration. The latter is featured here and the former will be described in a subsequent posting. In Northwestern...
Prof. Thomas J. Stipanowich of Pepperdine University School of Law has come out with a smashingly responsible analysis of the most recent Supreme Court arbitration cases. In his article, forthcoming in the American Review of International Arbitration, Stipanowich suggests that the three recent cases -- Stolt-Nielsen, Rent-A-Center and AT&T Mobility...
Here's a great title for a panel at the ABA Annual Meeting in Toronto: "How Arbitrators Think and What You and They Can Do About It: A Journey Into the Minds of Arbitrators." Hey, I'm an arbitrator. And like Derek Jeter I always want to improve my game every time I...
Thanks to the indefatigable Paul Lurie for posting, on his arbitration/mediation Listserve, the news of the recent release of the Annotated Code of Arbitrator Ethics. The Revised Code of Ethics for Arbitrators in Commercial Disputes was released in 2004 by the American Bar Association and the American Arbitration Association. This newly...
The Supreme Court has ruled (again) that state laws purporting to condition the enforceability of arbitration agreements on grounds not ennumerated in Section 2 of the Federal Arbitration Act are themselves unenforceable on Supremacy grounds. I teach that principle in my class using Southland v. Keating, and now I can use...
Thomas J. Welsh, Chair of the ABA Business Law Section Task Force on ADR in Commercial Finance Transactions, announces the promulgation of the Final Report of the Task Force on ADR in Commercial Financial Transactions. The Report is accompanied by Supplementary Arbitration Rules. Both are available by clicking here....
For the past two years, Lawrence Newman has chaired a Working Group at the CPR Institute studying determination of damages in arbitration, and he advises that the group's end product, a Protocol on Determination of Damages in Arbitration, has now been released. Its full text appears below....