Archive for the tag 'Arbitration'

Report and Arbitration Rules for Commercial Financial Transactions Released

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 »

New Protocol on Damages in Arbitration

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 »

Insights on the Implications of Rent-a-Center

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 »

“…And Super-Size That Award.”

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.)

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