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All articles tagged '"Arbitration Fairness Act"'
29 articles found
CLE Teleconference – The Future of Mandatory Arbitration
By Beth Graham - January 18, 2011
Mark your calendars! The ABA Section of Dispute Resolution presents The Future of Mandatory Arbitration: A Conversation About Dodd-Frank and the Arbitration Fairness Act. The live teleconference will be held on Tuesday, February 8, 2011 from 12:00 – 1:15 pm EST. According to the brochure, Last year Congress passed Dodd-Frank, a bill that ushered in sweeping reform in the financial services industry. This bill directs the SEC to decide whether or
Article | ADR in Labor and Employment Law During the Past Quarter Century
By Beth Graham - November 3, 2010
An interesting article about alternative dispute resolution (ADR) in a labor and employment law context was recently published in the ABA Journal of Labor and Employment Law. In an article entitled “ADR in Labor and Employment Law During the Past Quarter Century,”25 ABA Journal of Labor & Employment Law 411 (Spring 2010), University of Michigan Professor Emeritus of Law Theodore J. St. Antoine discusses important decisions and developments si
GUEST-POST PART I | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 6, 2010
by F. Peter Phillips One hot, lonely summer day in 1958, at our rural home near Crozet, Virginia, I was working on an 8-year old’s project: dislodging a big quartz rock that was buried in the gravel driveway. After a few hours I realized the trowel just wouldn’t do the job. So I found a wood chisel in my Dad’s tool chest. “Ah-ha!” I thought, “This is just the thing! I’ll reduce it to bits and dislodge it a chunk at a time!” By the time Dad got ba
Top 10 Most-Viewed Arbitration and Mediation Disputing Blog Posts of 2009
By Victoria VanBuren - January 1, 2010
Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2009: Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’ by Holly Hayes (Jun. 29) Professor Alan Scott Rau Comments on In re Morgan Stanley (Jul. 15) Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’ by Holly Hayes (Aug. 5) Professor Alan Scott Rau Comments on Stolt-Nielsen, S.A. v. A
2009 Developments in Arbitration: Consumer and Employment Arbitration
By Victoria VanBuren - December 23, 2009
The year of of 2009 has seen no shortage of changes in the area of consumer and employment arbitration. I. The Arbitration Fairness Act of 2009 A general sense seems to be emerging, among some at least, that arbitration may be going too far, and a legislative movement at the federal level has emerged that promotes the so-called Arbitration Fairness Act of 2009, which, if passed, would limit the use of binding arbitration in consumer, employment,
Arbitration Fairness Act of 2009 – H.R. 1020 Gaining Momentum?
By Victoria VanBuren - November 11, 2009
Karl Bayer and I were discussing the latest bill tracking report for the Arbitration Fairness Act of 2009. This act would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. (House version: H.R. 1020 and Status; Senate version: S. 931 and Status). The House version of the bill has been very active, now with 99 co-sponsors (the list is here). Karl wonders if Senator Franken’s amendment and related press ha
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
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
Class Action Suit Filed Against the National Arbitration Forum
By Victoria VanBuren - September 17, 2009
As brought up for discussion by Professor Peter Friedman at our Commercial and Industry Arbitration and Mediation LinkedIn Group, the law firm of Milberg LLP has filed a class action lawsuit against the National Arbitration Forum (NAF). The Complaint alleges, among other things, that NAF falsely presented its arbitration services as neutral. (read more here) [Update: Click on the link for the text of the Complaint Magnone v. Accretive LLC, courte
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
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