The 2nd Circuit ruled that collateral estoppel does not apply when there are inconsistent prior awards, particularly where the immediately preceding award on the issue in dispute was in favor of the party against whom collateral estoppel was sought. A company called "1109580 Ontario" initiated an NASD arbitration proceeding against Bear Stearns and a Bear Stearns executive, in connection with its actions as the clearing broker for A.R. Baron & Co, charged with perpetrating a massive securities fraud. The arbitrators denied Ontario's motion for judgment against Bear Stearns based on collateral estoppel. The court said that collateral estoppel does not apply when there are inconsistent judgments.
... the award on the ground that the arbitrators' refusal to enforce collateral estoppel (on the ba...
The OAA was originally enacted to alleviate the burden of backlogged Ontario courts by allowing parties, particularly sophisticated ones involved in business dealings, to appoint a third party to adjudicate disputes between them.7 However, religious groups lobbying for state recognition of their informal arbitration tribunals began invoking the OAA, along with the principles of equality and multiculturalism embraced by international bodies like the United Nations, to support their position.8 The OAA notably conditions a provincial court's enforcement of an arbitration decision upon a showing that the standards of "equity and fairness" have been satisfied.9 The statute operated with minimal controversy for a decade, but as Ontario's Muslim population nearly doubled from 1991 to 2003, Mus...
... resolution authority in religious arbitrators, whose decisions are summarily enforced by Ontario...
Ontario's Court Rules undergo a significant overhaul . The... disputes end up in Courts and before arbitrators on either side of the border. . In Dow Agroscience...
This Essay explores a type of legal pluralism found in secular societies, including the United States, in which minority groups adhere to unofficial religious law norms within a larger framework of state family law. Official and unofficial law are sometimes closely interwoven, as with the formalization of marriage, and sometimes stand directly in opposition, as with laws prohibiting the practice of polygamy. In an intermediate position, these societies have seen a complex interaction between secular and religious law in the context of marriage dissolution. The different opportunities presented by each legal system may generate significant strategic behavior by individuals, and these risks have prompted careful collaboration between religious and secular authorities in a number of jurisd...
... multicultural accommodation, 19 and in Ontario, the prospect of "Sharia arbitration" in family-la... courts or clergy function as arbitrators to resolve marriage and divorce disputes. After ar...
ONTARIO - SEIU Local 721 has filed an unfair employee relations practice claim against Los Angeles World Airports, accusing management of not conferring with the union before transferring 16 civilian traffic officers from L.A./Ontario International Airport to Los Angeles International Airport. The claim, filed on Feb. 18 with the city of Los Angeles Employee Relations Board, also accuses LAWA management - which operates ONT - of improperly filling those positions by assigning the duties to non- SEIU 721 union employees, said Tracie Morales, spokeswoman for the union.
... Board, which is comprised of arbitrators and neutral third- party members. The Los Angeles ...
... may choose an arbitrator or several arbitrators who are independent and impartial and have the tec...v. Dalimpex Ltd. in the Ontario Court of Appeal in Canada, where the basic princip...
...Only three provinces--Alberta, Ontario and Prince Edward Island--prohibit strikes with st... the remaining issues in dispute, and arbitrators fashion awards that reflect their judgments of a f...
... has only been shared by a minority of arbitrators who have considered the issue. . The employer or t...
... Venezuela decision (in favour of the arbitrators) and concludes that repeat appointments are nothin...200 Bay Street, P.O. Box 84 . Toronto . Ontario . M5J 2Z4 . CANADA . Tel: 4162164000 . Fax: 416216...
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