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Originally published June 21, 2010
The Supreme Court handed proponents of arbitration another victory today in Rent-A-Center, West, Inc. v. Jackson,...
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The globalization of the economy ensures that the number of transnational disputes will continue to rise and find their way to an international arbitral tribunal. International arbitral institutions as well as the International Bar Association have developed standards aimed at helping arbitrators determine what they must disclose to the parties when asked to serve as an arbitrator. This article highlights the similarities and differences in the various disclosure rules and then turns to the views of US courts on disclosure in the context of challenges to awards under the Federal Arbitration Act for "evident partiality" by an arbitrator. Although the disclosure standards have the same helpful aim, they are not worded identically. There are four key differences between them. The first is ...
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THE FACTS WERE SET FORTH IN AN ARBITRATOR'S DECISION. Dr. Hyrar Shahinian came to Cedars-Sinai in 1996, after being heavily recruited by Dr. Achilles ...
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Single Public Arbitrator to Hear Investor Cases of up to $100,000 in Dispute, up from $50,000
NEW YORK -- The Financial Industry Regulatory Authorit...
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The second part of a series on emergency arbitrator decision is presented. The authors seek to examine questions for parties who might seek enforcement of an emergency arbitrators Article 37 of the International Centre for Dispute Resolution International Arbitration Rules' decision in a US federal district court. The authors know of no US decisions specifically addressing the enforceability of an Article 37 decision or a decision made under another emergency interim relief procedure. The primary US federal law applicable to almost all domestic and international arbitration awards is the Federal Arbitration Act. Article 37 proceedings are designed to be rapid. Article 37 requires that an emergency arbitrator be appointed within a day and that this arbitrator establish a schedule for the...
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A state arbitrator late Friday settled a long undecided contract between the city of Vancouver and its Police Command union, City Manager Eric Holmes said Monday.
The decision provides a three-year binding contract between the city and the union, which represents the Vancouver Police Departments eight commanders.
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The only Erie County corrections officer fired after inmate Ralph "Bucky" Phillips escaped from the county correctional facility should be rehired, an arbitrator has ruled.
The arbitrator determined that county officials failed to prove that the officer ignored an alarm inside the control room where he worked and failed to prove that an alarm even sounded as Phillips made his way onto a roof at about 5 a.m. April 2, 2006.
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This article examines some recent cases in which an international arbitrator has been challenged because of an issue conflict in an arbitration proceeding on which he or she is sitting. While issue conflicts can arise in any type of arbitration, the problem has been particularly acute in the field of international investment arbitration. An issue conflict recently came into sharp relief in an investor-state arbitration between a Malaysian investor and the Republic of Ghana. The two decisions in the Ghana-Malaysia investment arbitration are unusual in that they are publicly available (as a result of Ghana having brought the matter into the national courts). Issue conflict is not unique to international investment disputes. Greater clarity might be achieved by having decisions involving i...