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All articles tagged '"Supreme Court"'
379 articles found
KPMG LLP v Cocchi | U.S. Supreme Court Holds that a Court May Not Deny Arbitration When Some of the Claims Are Nonarbitrable
By Victoria VanBuren - November 14, 2011
Last week, the U.S. Supreme Court held that courts must enforce arbitration agreements even if the plaintiff’s Complaint contains nonarbitrable claims. In KPMG LLP v. Cocchi, 565 U.S. ___ ( 2011) the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration in a lawsuit involving claims brought against the auditing firm KPMG LLP (“KPMG”) by investors owners of a limited pa
Chartered Institute of Arbitrators |The Alexander Lecture 2011, London Nov. 16
By Victoria VanBuren - November 8, 2011
The Chartered Institute of Arbitrators (CIArb) will host its annual Alexander Lecture. President of the UK Supreme Court and CIArb Patron The Right Hon the Lord Phillips of Worth Matravers will analyse the judgments made by the Supreme Court and the Paris Court of Appeal in the landmark case of Dallah v Pakistan. Lord Phillips will consider why the two courts came to different conclusions, exploring the possible implications for the arbitration c
U.S. Supreme Court Rules on KPMG LLP v. Cocchi
By Victoria VanBuren - November 7, 2011
Today, the U.S. Supreme Court issued its opinion on KPMG, LLP v. Cocchi et al., 565 U. S. ____ (2011). Background and holding are as follows: In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration of respondents’ claims after determining that two of the four claims in a complaint were nonarbitrable.Though the matter is not altogether free from doubt, a fair reading of the opin
The State Bar of Michigan Announces the ‘Michigan Mediates!’ Campaign
By Victoria VanBuren - October 27, 2011
Via Court ADR Connection we learned of “Michigan Mediates!” a statewide mediation program launched recently by the State Bar of Michigan, ADR Section. The goal of Michigan Mediates! is to elevate awareness and use of mediation as a practical and cost-effective tool to help solve many of the complex problems plaguing government agencies, schools and communities. Michigan Mediates! will include state-wide trainings, public service annou
Recent Developments in International Arbitration | Oct. 2011
By Victoria VanBuren - October 26, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: France: Arbitrators cannot seek a ruling on the constitutionality of statutory provisions Portugal: Back on the right track: Supreme Court rules on multi-contract arbitration United Kingdom: Court of Appeal rules on arbitrability of shareholder’s claims Technorati Tags: law, ADR, arbitration
Anti-arbitration Bills | Arbitration Fairness Act of 2011 and the Consumer Mobile Fairness Act of 2011
By Victoria VanBuren - October 25, 2011
Coverage of anti-arbitration bills is back. On October 13, 2011, the Senate Committee on the Judiciary held a hearing entitled Arbitration: Is It Fair When Forced? The hearing discussed the Arbitration Fairness Act and a report by Alliance for Justice, Arbitration Activism: How the Corporate Court Helps Business Evade Our Civil Justice System. The Webcast and links to witness testimony and member statements are here. David Lazarus at Los A
U.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
By Victoria VanBuren - October 24, 2011
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”) did not preempt enforcement of an agreement for expanded judicial review of an arbitration award enforceable under the Texas Arbitration Act (“TAA”). Such enforcement was consistent with the FAA’s purpose of ensuring that
CompuCredit Corp. v. Greenwood | Supreme Court Hears Oral Arguments
By Victoria VanBuren - October 17, 2011
Last week, the U. S. Supreme Court heard arguments on CompuCredit Corp. v. Greenwood, 563 U.S. _ (2011). The question presented is whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement. Find the transcript of the arguments here. Greenwood v. CompuCredit Corp., 615 F.3d 1204, 1205 (9th Cir. 2010) (opinion below) is here and Docket 10-948 is h
American Review of International Arbitration | Arbitral Power and the Limits of Contract: The New Trilogy
By Victoria VanBuren - October 12, 2011
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Arbitral Power and the Limits of Contract: The New Trilogy (October 7, 2011). American Review of International Arbitration, Forthcoming. Here is the abstract: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and the last two terms of the U.S. Supreme Court have curiously continued th
Judge Rules that Jamie Leigh Jones Must Pay Halliburton/KBR Court Costs
By Victoria VanBuren - October 7, 2011
As the Wall Street Journal reports, a federal judge in Houston has ordered claimant Jamie Leigh Jones to pay the court costs (nearly $150,000) for suing her former employer Halliburton/KBR. The judge, however, refused to award Halliburton/KBR the attorney’s fees (of over $2 million) the company recently requested. “The fact that Jones presented prima facie claims of sexual harassment and hostile work environment highlights the impropriety o
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