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Arbitrators
The CPR Institute published the item below late Thursday afternoon, May 23, responding to the interpretation of CPR's Non-Administered Arbitration Rul...
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Exceeding Powers – May an Arbitrator Amend a Contract
As Part of an Award?
By Michael S. Oberman
The author is a litigation partner and h...
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These Guidelines have as their governing principle the achievement by the arbitrators of a fair award, arrived at efficiently. Thus, the Guidelines urge arbitrators to conduct proceedings in a way that is, from the outset, mindful of what and how the parties will have to present to them that will enable them to deliver a prompt award that takes fully into account the parties’ presentations.
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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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