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Arbitrators
These Guidelines set out the types of issues as to which early disposition may be appropriate and suggest ways they may be addressed and responded to – always providing that early disposition will result
in overall efficiencies.
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This is an Article that explains new ways to proactively reduce and manage the likelihood of formal disputes. These methods include appointing a standing neutral, establishing a peer review panel program for employee disputes and implementing a planned early negotiation process.
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Longtime CPR Institute official Joseph T. McLaughlin passed away on Jan. 9.
McLaughlin, a former litigator and banking general counsel, was a full-...
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New York’s top court refused to overturn an arbitration award in an opinion this morning, and in the process, specified its approach in a key pr...
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Sen. Al Franken, D., Minn., just wrapped up about two hours of testimony on the fairness of business’s use of mandatory arbitration.
F...
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Posted in: Advocacy in ADR, Arbitration, Arbitrators, Class Actions, Legislation, Mass Claims, Provider Organizations, Best Practices, Clause Drafting, Contracts, Multi-party, ADR Policy, ADR Procedures
A Texas state appellate court vacated a $22 million arbitration award against six appellants--including law firms in San Antonio and Plano, Texas, as well as individual attorney defendants--after finding that the arbitrator and the appellee’s counsel were more than just mere acquaintances.
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This article discusses the desirability of arbitrators’ to preserve the flexibility that characterizes international arbitration, but a minimum set of widely accepted guidelines is equally desirable, in order to preserve the predictability and attractiveness of arbitration.
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This article, a CPR Writing Contest Winner, is about enforcing arbitration awards is using Saipem S.p.A. v. The People’s Republic of Bangladesh (“ Saipem v. Bangladesh”) as an example of the creation of a new tier of protection when foreign investors are affected by the actions of a host country’s judiciary system.
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“As so very often, the key lies in a proper balance: est modus in rebus. To ensure that international arbitration continues to be an effective method of resolving commercial disputes, all players must share responsibility in maintaining that balance.” 1
Anne Marie Whitesell
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For purposes of this article, dispositive motions are motions that resemble the type of motions filed in US civil litigation and that a court would consider dispositive of a case, such as motions to dismiss for failure to state a claim, motions for summary judgment, motions or judgment on the pleadings, and motions for a directed verdict.
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