In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2009 Articles

ADR happenings By Alyssa Vincent June 2009 ADR news from around the country.
The Arbitration Fairness Act threatens consumer interests By Colin McGowan March 2009 The Arbitration Fairness Act of 2007 would greatly reduce the consumers’ ability to pursue damages in the future.
Case briefs By Sidra Hamidi & Tim Lesiewicz November 2009 Ninth Circuit Court of Appeals rules that arbitrators decide claims arising from collective bargaining agreements with an arbitration clause
Case briefs By Nicholas Pavlopoulos & Tim Lesiewicz October 2009 Cases of interest to ADR practitioners.
Case briefs By Jillian Ruggiero & Alyssa Vincent May 2009 Recent cases of interest to ADR practitioners.
Case summaries By Julia Kucan, Jillian Ruggiero, & Alyssa Vincent March 2009 Recent cases of interest to ADR practitioners.
Cases By Jillian Ruggiero, Julia Kucan, & Alyssa Vincent June 2009 Recent cases of interest to ADR practitioners.
Celebrity’s 15-month litigation cruise sinks arbitration By Rachel C. Loftspring May 2009 The recent case of Skordilis v. Celebrity Cruise serves as a reminder that parties risk forfeiting their rights to arbitrate if they proceed too far down the path of litigation.
Chair’s column By Champ W. Davis, Jr. June 2009 A note from Chair Champ Davis Jr.
Chair’s Column By Champ W. Davis, Jr. & Christine Polk Mohr March 2009 A note from the ADR Section Chair.
Court rules independent fees separable, must be arbitrated By Alyssa Vincent March 2009 A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.
Do arbitrators’ “inherent powers” to sanction trump “express” limitations in the Agreement on their Authority? By J. Timothy Eaton October 2009 Even considering the “rough and tumble character” of an arbitration, should the arbitrator not have the power to control the process by taking measures to sanction a party who does not participate in a meaningful way?
Fifth Circuit rules manifest disregard no longer grounds to vacate By Jillian Ruggiero May 2009 In light of last year’s ruling in the Hall Street case, the grounds listed in the FAA are the exclusive grounds to set aside an arbitration award and manifest disregard of the law as grounds for vacating an award “must be abandoned and rejected.”
Fourth District holds non-signatory insurer has standing to compel arbitration By John R. Schleppenbach May 2009 The reach of an arbitration agreement or clause can in practice extend far beyond just the parties who physically signed it.
From the Editor By Thomas D. Cavenagh October 2009 An introduction to the issue from Editor Tom Cavenagh.
Functus Officio: Arbitration and reconsideration By Jon Gilbert May 2009 F.R.C.P. 59 and Illinois Code Section 2-1203 are two vehicles by which a judgment may be revisited at the trial level and practitioners are used to relying on these provisions when legal errors present themselves.
The growing role of alternative dispute resolution in international trade agreements By Colin McGowan November 2009 Free trade agreements, more often than not, have begun to contain ADR related clauses and mechanisms. These clauses, if drafted correctly, will be able to provide the groundwork for a more effective resolution between the two parties in the event a dispute should arise.
Happenings By Nicholas Pavlopoulos November 2009 What's new in ADR.
Happenings By Julia Kucan October 2009 Recent ADR news.
Happenings By Alyssa Vincent May 2009 ADR news updates.
Happenings By Julia Kucan March 2009 ADR news updates.
International arbitration news By Kate Oscarson November 2009 Recently, Hong Kong has started to be in the spotlight for international arbitration in the Asia Pacific region.
International arbitration news By Kate Oscarson & Sidra Hamidi October 2009 The first in a series of columns considering topics in international arbitration.
International arbitration procedures By Colin McGowan October 2009 A look arbitration procedures around the world.
International arbitration procedures—A look at the use of arbitration internationally: Arbitration procedures in the United Kingdom By Colin McGowan November 2009 In 1996, after a lengthy effort, the United Kingdom introduced Arbitration Act 1996.
A mediator’s perspective By Andy June June 2009 An example of a speech intended to help motivate divorced parents in their mediation.
New Hampshire Justices rule ADR fees unconstitutional By Alyssa Vincent March 2009 In a December 31st opinion for Nancy Lamarche v. Stephanie McCarthy, the New Hampshire Supreme Court held that a $50 filing fee imposed on litigants who are referred to court-ordered alternative dispute resolution is constitutional, since the fee is a reasonable revenue-raising measure and does not deprive litigants of access to court.
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan November 2009  The Section Council most recently met on September 19, 2009 at the Chicago Regional Office of the ISBA. 
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan October 2009 A note from the ADR Section officers.
Profiling professionals in the field: H. Case Ellis By Laurel White November 2009 H. Case Ellis is currently collaborating with the Law Office of Stephen E. Walter to run WE Mediate, an alternative dispute resolution practice in Crystal Lake.