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. Read more »
Thanks to Paul Lurie’s remarkable list-serve, we have a draft of Tom Stipanowich’s paper from the 2010 Fordham Conference, titled “Revelation and Reaction: The Struggle to Shape American Arbitration.” Concentrating on two of what Stipanowich predicts with be a new “trilogy” of formative Supreme Court arbitration decisions, Stipanowich places both Stolt-Neilsen v. Animalfeeds International and Jackson v. Rent-a-Center in the context of prior judicial analysis of FAA Sections 2 and 4, and offers a clarity and sophistication that few could match. Read more »
Here’s an Arbitration Agreement (?) that ADR Prof Blog tells us was taped to the front door of a Whataburger fast-food restaurant:
Words sometimes just fail….
(Those wanting to know more about arbitration with the American Mediation Association can click here.)
A law school professor once opened a class with the observation, “This morning we will be considering a case from the Ninth Circuit. Nevertheless….”
The U.S. Supreme Court has granted cert in AT&T Mobility v. Concepcion, which has claimed the attention of many ADR wonks for its ramifications on class action waivers in arbitration clauses. I read a more alarming teaching in the Ninth Circuit’s holding: namely, that the purpose of a civil court is not to make deserving claimants whole, but to punish defendants that owe them the money beyond the amount of the money they owe them.
That is to say, offering to pay a claimant a hundred cents on the dollar is not justice enough.
