By Hon. Henry Pitman (Ret.) Continued from Part II of III… Arbitrability Belton v. GE Capital Retail Bank, 961 F.3d 612 (2d Cir. June 16, 2020), petition for cert. filed, No. 20-481 (Oct. 14, 2020): Plaintiffs had opened accounts with defendant credit card companies; the cardmember agreements contained arbitration clauses. Plaintiffs’ accounts became delinquent, and …
By Hon. Henry Pitman (Ret.) Continued from Part I of III… Binding Effect of an Arbitral Decision Ninety-Five Madison Co. v. Vitra Int’l AG, No. 20-1432, 2020 WL 7086186 (2d Cir. Dec. 4, 2020) (summary order): A Landlord and a commercial tenant entered into a settlement agreement in which the landlord approved the tenant’s making …
By Hon. Henry Pitman (Ret.) Regardless of whether one is a proponent or opponent of mandatory arbitration clauses, they have become ubiquitous. According to a March 2015 study performed by the Consumer Financial Protection Bureau, 53% of credit card agreements and 99.9% of all mobile phone agreements contain mandatory arbitration provisions (Consumer Fin. Prot. Bureau, …
Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration.
In recent months, three federal circuit courts have confronted this question: can a defendant compel arbitration even in the absence of a signed written agreement containing an arbitration clause? The answers were yes, no, and maybe, but the analysis in all three turns on whether the party resisting arbitration should reasonably have known that an arbitration clause was part of the deal.
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
Many people participate in arbitrations every day. Arbitration covers disputes from business practices to disputes over fees to international investments. Parties may choose arbitration before or after a dispute arises, often by contractual terms. Businesses will opt for arbitration over litigation to save time and money when settling grievances before them. With arbitration becoming a …
The jurisprudence on the appointment of the arbitrator has substantially been evolving through the judgment of various High Courts and the Supreme Court of India (‘Supreme Court’). On the contrary, there is an underlying bottleneck issue creating a conundrum when it comes to the law on appointment of arbitrator resulting in a juxtaposition between statutory …
Throughout life, it’s almost impossible to avoid disputes. These disputes can come in the form of a small issue that gets resolved quickly. On the other hand, other types of disputes aren’t so easy to solve. In the past, two parties would fight for years, if not decades, in courtrooms trying to settle disagreements. While …
The new norm of social distancing, and a recent decision out of the Eleventh Circuit Court of Appeals, are changing the way arbitration are conducted. Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.