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F. Peter Phillips on October 22, 2019
TOPICS: Arbitration, Courts
The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour. In the most recent development, it is hard not to infer a judicial bias against arbitration reminiscent of the 19th century.
In Itzhakov v. Segal (A-2619-17T4, August 28, 2019), the mid-level Appellate Division reviewed the...
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F. Peter Phillips on August 8, 2019
TOPICS: Courts, International, Mediation
The Swiss Chambers' Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019. The text of the new Rules is available here. The new Rules revise those that have been in effect since 2007.
Of particular interest are Articles 16 and 17, which provide for the...
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F. Peter Phillips on July 9, 2019
TOPICS: Arbitration
Prof. David Horton of the University of California, Davis, School of Law has posted a provocative article scheduled to be published by the University of Pennsylvania Law Review. Titled "Infinite Arbitration Clauses," it collects and comments upon purported arbitration "agreements" pursuant to which one party seeks to obligate another...
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