Happenings
By Kristi Hornickel, Megan Kawa, & Samia Zayed
Alternative Dispute Resolution,
June 2006
After ruling on a case in which an arbitrator decided to dismiss a case after inferring a one-year statute of limitation from an expired contract, the Fourth Circuit Court of Appeals clarified the conditions under which an arbitrator's decision can be vacated for manifest disregard of the law.
Case summaries
By Kristi Hornickel, Megan Kawa, & Samia Zayed
Alternative Dispute Resolution,
April 2006
Traveler's Casualty and Surety Co. (Insurer) and ACandS (Insuree) entered into a coverage agreement which included an arbitration clause.
Happenings
By Kristi Hornickel, Megan Kawa, & Samia Zayed
Alternative Dispute Resolution,
April 2006
Consumer arbitration policy has been a hotly contested issue and the New Jersey Supreme Court took center stage in the debate when it heard arguments from two cases in February.
News and events
By Kristi Hornickel, Megan Kawa, & Samia Zayed
Alternative Dispute Resolution,
April 2006
MTI is coordinating an effort to elect mediators to public office in the United States and other democracies.
Case summaries
By Kristi Hornickel & Samia Zayed
Alternative Dispute Resolution,
March 2006
Recent cases of interest to ADR practitioners.
Standards & certification section
By Megan Kawa & Samia Zayed
Alternative Dispute Resolution,
March 2006
Electronic mail has been ruled as an acceptable means for initiating arbitration by England's Commercial Court.
ADR happenings
By Megan Kawa & Samia Zayed
Alternative Dispute Resolution,
February 2006
In December, Congressman Charlie Norwood (R-GA) introduced the bill H.R. 4503, supported by Lincoln Davis (D-TN) and Sam Graves (R-MO).
Case summaries
By Megan Kawa & Samia Zayed
Alternative Dispute Resolution,
February 2006
The Universal Service Fund filed a complaint at the district level alleging that defendants Sprint and AT&T collaborated with Worldcom in violation of the FCA and the Sherman Act.
Who determines an arbitration agreement’s conscionability?
By Samia Zayed
Alternative Dispute Resolution,
December 2005
The question of whether or not arbitrators should decide when arbitration agreements are unconscionable is being tackled by an eleven judge en banc panel of the 9th Circuit in California.
Florida: Pressure by Mediator can justify setting aside a settlement
By Samia Zayed
Alternative Dispute Resolution,
October 2005
A case brought to Florida's 4th district court of appeals should serve as a reminder to mediators that pressuring or coercing parties to settle is improper and settlements made under these conditions can be set aside.
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