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...
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...
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...
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...
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...
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 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...
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...