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The United Nations Commission on International Trade Law this week released its long awaited revised arbitration rules. Though the revisions alter neither the style nor the structure of the 1976 version, they make significant changes in several respects.
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The Alabama Supreme Court this spring rejected “manifest disregard of the law” as an independent standard of review for arbitration awards in Volvo Trucks North America Inc. v. Dolphin Line Inc., Nos. 1081277, 1081713, 2010 WL 1641017 (Apr. 23, 2010). The unanimous opinion follows the U.S. Supreme Court decision, Hall Street Associates LLC v. Mattel Inc., 552 U.S. 576 (2008).
Now, parties to old contracts silent on class action arbitration needn’t fear that an arbitral panel will launch a class proceeding. Today’s decision in Stolt-Nielsen S.A. et al. v. AnimalFeeds Int’l Corp., No. 08-1198, is unequivocal: class action arbitration cannot be imposed. But how far does that go? Class arbitration was not eliminated in Justice Alito's opinion today.
Daniel Winslow, a Boston partner and litigator at international law firm Duane Morris LLP, and The International Institute for Conflict Prevention & Resolution (CPR Institute), are pleased to announce the rollout of a pilot program for the CPR Institute’s first model Economical Litigation Agreement (ELA), which is a new model contractual agreement that companies can use to limit litigation costs.
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