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Arbitration

Is the Commissioner an Arbitrator?

Roger I. Abrams | Posted 08.01.2015 | Sports
Roger I. Abrams

In the Brady case, if the parties are not able to settle the matter, the Federal District Court in Manhattan will have to determine whether the Commissioner's decision was "arbitrary and capricious," not whether it "drew its essence from the collective bargaining agreement."

Fundamental Fairness Reform of Arbitration Agreements Is Essential

Brad Reid | Posted 07.29.2015 | Business
Brad Reid

Prior to 1900, English and U.S. legal traditions tended not to favor or enforce pre-dispute arbitration agreements. Attempts to "oust the jurisdiction...

Is the King Solomon Story Really About Mediating or Judging?

Mark Baer | Posted 06.27.2015 | Divorce
Mark Baer

It's amazing how many ways Biblical text can be interpreted and the fact that the same people are willing to interpret the exact same text differently for their own selfish and self-serving purposes, as the need arises.

How Spotify Lets Your Rights Get Lost in the Fine Print -- and What You Can Do About It

Nan Aron | Posted 05.26.2015 | Business
Nan Aron

Buried in the fine print of those "terms and conditions of use" is a forced arbitration clause. That means that if you have a dispute with Spotify, you have to take your case to a decision maker at a firm they choose -- not a judge or jury. In addition, if Spotify violates the rights of thousands, even millions, of its listeners, they can't band together to seek justice.

CFPB Study Proves Forced Arbitration Harms Consumers; Agency Should Prohibit the Practice Wherever It Can

Nan Aron | Posted 05.20.2015 | Politics
Nan Aron

Our film Lost in the Fine Print shows what happens when consumers and employees are prevented from standing up for their rights in court and instead forced to go before an arbitrator hired by the very company that wronged them. Much of the time, forced arbitration clauses mean those disputes never go anywhere at all. Now there is a new mass of additional evidence.

Ray Rice's Pyrrhic Victory

Roger I. Abrams | Posted 01.29.2015 | Sports
Roger I. Abrams

Nothing good for "number 27" will come out of this proceeding. On the other hand, for those men and women who are victims of domestic violence, the public attention focused by the Rice proceeding might make more people aware of this societal scourge.

Arbitrate or Mediate But Don't Litigate Entertainment Disputes

Stacy Slotnick | Posted 01.24.2015 | Entertainment
Stacy Slotnick

Gone are the days when media moguls and professional athletes would voluntarily hang around the courthouse to litigate contract disputes. Today the entertainment and sports industry increasingly use arbitration and mediation to resolve conflicts.

The Growing Pains of Investment Treaties

OECD | Posted 12.15.2014 | Business
OECD

We need international capital flows to support long-term growth through a better international allocation of saving and investment. But the investment treaty system needs to be reformed to ensure that the rights of citizens, governments, enterprises and investors are respected in a mutually beneficial way.

How Your Rights Get Lost in the Fine Print -- and How to Fight Back

Nan Aron | Posted 12.08.2014 | Politics
Nan Aron

Facing off against a powerful company in arbitration is like playing a baseball game in which the other team hires and fires the umpires. So it's no wonder that, in consumer disputes, one study found that arbitrators rule for companies over consumers 94 percent of the time.

Divorcing? Protect Your Finances, Personal Data

Jason Alderman | Posted 09.22.2014 | Divorce
Jason Alderman

Divorce can be a painful experience to live through. Don't make it worse by not protecting your own financial interests.

Chevron: Release The Secret Evidence That Proves Your Guilt In Ecuador

Karen Hinton | Posted 06.12.2014 | Business
Karen Hinton

Instead of succumbing to Chevron's pressure tactics, CBS' lawyers should grow a backbone and demand to see contamination "playbook" documents that Chevron has been forced to produce in an international arbitration proceeding.

Is Suing Someone in Court Similar to Getting a Digital Rectal Exam?

Lance Soskin | Posted 07.14.2014 | Business
Lance Soskin

As frustrating as it can be trying to complete your own tax return and determining what you can legitimately claim and what you cannot, the rules and procedure of court can be equally frustrating to decipher.

Wondering What The Difference Is Between Mediation and Arbitration?

Lance Soskin | Posted 07.09.2014 | Small Business
Lance Soskin

Many contracts, including many consumer contracts like cellular service contracts and credit card agreements, have a clause that requires disputes arising from that contract be resolved by binding arbitration rather than litigation. This helps companies keep their costs down and keep their disputes private.

How This Lawyer Rediscovered Herself And Her Career At 60

John Tarnoff | Posted 06.29.2014 | Fifty
John Tarnoff

Let's assume that we're all going to hit a wall in our careers sooner or later. If we're 50 or over, and it hasn't already happened, be on the lookout. This installment is a personal story about a longstanding friend of mine, a New York lawyer named Janet Scully who worked for 22 years as an attorney for Travelers Insurance.

Unconscionable Employment Arbitration Agreement Held Unenforceable

Brad Reid | Posted 01.23.2014 | Business
Brad Reid

Provisions in employment applications that require mandatory and binding arbitration of all disputes are commonplace and are generally enforced as written by courts. Additionally, the Federal Arbitration Act frequently preempts (overrides) contradictory state arbitration statutes.

Supreme Court Approves Use of Faux Arbitration to Eliminate Consumer Rights

Katherine V.W. Stone | Posted 08.20.2013 | Business
Katherine V.W. Stone

Today the Supreme Court put another nail in the coffin of the withering body of consumer rights. In the American Express v. Italian Colors case, the Court furthered its trend that permits corporations to use arbitration to prevent consumers from challenging their unlawful conduct.

Arbitration Required by the Word "All"

Brad Reid | Posted 03.03.2013 | Politics
Brad Reid

Advocates of mandatory arbitration clauses in contracts assert that arbitration speeds dispute resolution, is less costly than litigation, provides pr...

British Government Set To Battle Sharia Courts

Ida Lichter, M.D. | Posted 01.09.2013 | Religion
Ida Lichter, M.D.

A bill that challenges illegal discriminatory practices in U.K. shariah forums is gathering support in Britain's parliament. Its passage will be followed with interest in Western countries under pressure to recognize aspects of Islamic law.

Are Courthouses Obsolete?

Brad Reid | Posted 09.13.2012 | Business
Brad Reid

Are courtrooms obsolete? No, but many venues are located outside of the traditional courthouse or are increasingly subject to video conferencing such as arraignments.

Judge Slams FINRA Arbitration

Dan Solin | Posted 05.20.2012 | Business
Dan Solin

In the interim, attorneys like Ms. Evans should ask themselves whether their stunning success is attributable to their legal skill or the lack of impartiality of FINRA arbitration panels.

The Reputation Assassination of Ryan Braun

Linda Kenney Baden | Posted 05.06.2012 | Sports
Linda Kenney Baden

There is not one legitimate shred of valid forensic evidence to prove Braun is guilty -- yet he stands accused by both baseball and public opinion with an axe over his head.

Doctors Use Arbitration Agreements to Escape Jury Trials

Spencer Aronfeld | Posted 04.10.2012 | Miami
Spencer Aronfeld

By allowing arbitration agreements to be used in the context of medical procedures, patients often unknowingly give away their rights to sue doctors in courts of law.

Starbucks: Stop Taking Away Your Customers' Rights

David Arkush | Posted 02.01.2012 | Business
David Arkush

If you're one of millions of Starbucks customers who might buy or receive a prepaid card this holiday season, you might want to take a moment to send Starbucks a message: Don't take away my rights!

Mike Sacks

Democrats Try To Overturn Supreme Court's Anti-Consumer Rulings

HuffingtonPost.com | Mike Sacks | Posted 12.20.2011 | Politics

WASHINGTON -- It's not abortion or affirmative action -- or, for that matter, campaign finance -- but a series of recent cases on arbitration has shar...

Mike Sacks

Justice Ginsburg Left Standing Up For Consumers

HuffingtonPost.com | Mike Sacks | Posted 12.11.2011 | Politics

WASHINGTON -- After spending several years clearing a path for corporations to contract away their customers' access to courts generally and class act...