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 go on the field. This is for me, right? Read more »
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 released version of the Code provides citations to judicial decisions and other writings that cite the 2004 Code (or its 1977 predecessor) from 1981 through July 2010. Read more »
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 this more recent case.
Many smarter and more sophisticated students of arbitration law will provide commentary on the AT&T Mobility decision, but I was struck by an article in the same day’s New York Times noting that, after waiting nine years, the family of Mark Bavis, a passenger on one of the planes that rammed into the World Trade Center, is about to go to trial in its wrongful death suit against United Airlines and other defendants.
What’s the link? Both claimants were offered full reimbursement for their loss. Both rejected the offer — not because they thought it inadequate, but because they wanted to prove something other than damages.
What is it that Americans seek, in the expensive, protracted and uncertain world of the courts, when they don’t seek damages for their injuries, but proceed with the horrors of litigation litigation anyway?
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. Read more »