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WSJ: “Turmoil in Arbitration Empire Upends Credit-Card Disputes”
By Victoria VanBuren - October 19, 2009
Last week’s Wall Street Journal had an interesting and well-written article about arbitration of credit card disputes, centered around the National Arbitration Forum (NAF). Hat tip to Don Philbin. Here is an excerpt: Arbitration and mediation have existed as ways to resolve disputes in the U.S. for more than 200 years. They became the standard practice in the financial world after 1987, when a Supreme Court decision gave securities firms th
Health Care Industry Leaders Respond to Senate Finance Committee Vote
By Holly Hayes - October 15, 2009
By Holly Hayes The American Hospital Association (AHA) posted this statement on their website in response to the Senate Finance Committee vote on October 13, 2009, on the health care reform bill. The Senate Finance Committee today (October 13, 2009) voted 14-9 to approve health care reform legislation that would expand health coverage to 91% of U.S. residents. The bill received one Republican vote, from Sen. Olympia Snowe (R-ME). According to the
Pending U.S. Legislation on Arbitration and Mediation: Update
By Victoria VanBuren - October 14, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr
Defense Contractor Mandatory Arbitration Amendment Passes Senate
By Victoria VanBuren - October 13, 2009
On October 6, the U.S. Senate by a vote of 68-30 passed an amendment to H.R. 3326 (bill; status). H.R. 3326 is entitled “An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes.” The amendment bars funds to defense contractors who require workers to arbitrate “any claim under Title VII of the Civil Rights Act of 1964 or any tort related to or arising out of
CPR Arbitration Article: Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium’
By Victoria VanBuren - October 12, 2009
Donald R. Philbin Jr., contributor to this blog, has written recently an article entitled Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium,’ 27 Alternatives to the High Cost of Litigation 145 (Oct. 2009). As its title suggests, the article discusses the salient issue of unconscionability in arbitration agreements. Here is an excerpt: Collision? Or Coexistence? The issue: The states and the Supreme Court—and now Congress
U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”
By Victoria VanBuren - September 16, 2009
As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?“ Witnesses included: Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration
Videos of the Congressional Hearing | Arbitration or Arbitrary?: The Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - September 7, 2009
As discussed in our previous posts (here, here, and here) a U.S. Congressional Hearing on consumer debt arbitration was held on July 22, 2009 in Washington D.C. We thought that you might be interesting in watching these videos. Part 1 Part 2 (please fast forward 4:40 minutes) Technorati Tags: arbitration, ADR, law, consumer arbitration
Pending Legislation on U.S. Alternative Dispute Resolution: Update
By Victoria VanBuren - August 31, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr
American Bar Association’s Resolutions on the Arbitration Fairness Act of 2009
By Victoria VanBuren - August 26, 2009
Via the Business Conflict Blog, we learned of the recent ABA Resolutions and Report with respect to the Arbitration Fairness Act of 2009 (for background, click here and here) and its implications to international commercial arbitration. This is the summary: The American Bar Association should support the use of international commercial arbitration and legislation or regulation that recognizes and aids in the enforcement of international commercia
Testimony from the U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - July 24, 2009
To follow up on our post of earlier this week, regarding the Congressional hearing on consumer debt arbitration held in Washington D.C. on July 22, we thought we would like to read the Opening Statement by Dennis Kucinich, Chairman, Domestic Policy Subcommittee and the Staff Report. Also, following find links to prepared testimony by the expert witnesses: Testimony of Michael F. Kelly, Chief Operating Officer, National Arbitration Forum Testimony
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