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Arbitration as a Forum of Equity

Arbitration is a forum of equity based on evidence, and parties who take this route should get to the issue at hand without slowing down the process with the unnecessary trappings of litigation. From the perspective of an experienced arbitrator and practitioner, this article provides insight and guidance...

Determining the Adjudicator of Arbitrability Issues: Rent-A-Center West v. Jackson and Granite Rock v. International Brotherhood of Teamsters

In this Analysis, N. Peter Lareau explores generally the rules applicable to determining the adjudicator of arbitrability issues and then focuses on two June 2010 Supreme Court cases: Rent-A-Center, W., Inc. v. Jackson , 130 S. Ct. 2772 (U.S. 2010) [ enhanced version available to lexis.com subscribers...

Corporate Governance Overreach by Carlyle?

The Deal Prof looks at The Carlyle Group's proposed IPO and figures it's a corporate governance dud. I agree. Carlyle's Amended and Restated Limited Partnership Agreement ( Appendix A to the S-1A ) has a dispute resolution provision that is reprinted in relevant part below (it's lengthy...

Supreme Court: Credit-Card Agreements May Require Arbitration of Unfair Lending Practice Disputes

by Nicholas Turner Earlier this year the Supreme Court ruled 8-1 to reverse a decision from the Ninth Circuit and enforce a provision in a credit-card agreement requiring plaintiffs to arbitrate claims over unfair lending practices. The decision in CompuCredit Corp. v. Greenwood [ an enhanced version...

Class Action Defendant Waived Right To Compel Arbitration After Class Action Certification

You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding. Last week, the Business Court ruled in another opinion in the case ( 2012 NCBC 55 ) that KB Home...

Arbitration Proceedings May Be Risky Business

In a recent ruling of the U.S. Supreme Court, Oxford Health Plans LLC v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], petitioner-defendant Oxford was forced to proceed with class arbitration with respondent-plaintiff John Ivan Sutter. This case, like other...

New Rapid Arbitration Available in Delaware

New legislation was recently passed in Delaware to provide a procedure for expedited arbitration of business disputes. The key features of the new law, called the Delaware Rapid Arbitration Act, include: • T he decision of the arbitrator must be made within 120 days • Appeals are made...

Split High Court: California Appeals Court Must Enforce Arbitration Agreement

WASHINGTON, D.C. — (Mealey’s) A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider’s customer agreement, a divided U.S. Supreme Court ruled this morning, finding that the appellate panel’s interpretation was preempted...