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Tag Archives: Arbitration

The other side of the arbitration story

A recent three-part series in the New York Times (“Arbitration Everywhere, Stacking the Deck of Justice,” Oct. 31) spotlighted certain abuses and injustices in particular types of arbitration. It has gained wide attention, especially among those who work regularly with alternative dispute resolutions.

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Arbitration ruling divides litigation bar

The chasm between civil defense attorneys who extol the virtues of mandatory arbitration agreements and members of the plaintiffs’ bar who say the pacts strip consumers of their right to redress was widened by the U.S. Supreme Court last month.

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Ruling gives power to arbitrators

In a ruling that boosts the authority of arbitrators to interpret crucial contract provisions, the U.S. Supreme Court upheld an arbitrator’s decision to allow a plaintiff to bring a class-wide arbitration proceeding when the parties did not expressly agree to allow class-wide relief.

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2010AP1799 City of Menasha v. WERC

Labor MERC; arbitration Sections 111.70(4)(c)2.b. and (4)(mc)1., read together, permit the negotiation of alternative dispute resolution procedures, but require arbitration as an alternative if sec. 62.13(5) is a designated procedure. “The City additionally cites to a Legislative Fiscal Bureau Summary of Budget Provisions of the Committee of Conference dated October 2007. This summary addresses the changes to collective bargaining law, ...

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09-893 AT&T Mobility LLC v. Concepcion

Civil Procedure Arbitration; preemption A state rule that mandatory arbitration is unconscionable, because it does not permit classwide proceedings, is preempted by the Federal Arbitration Act. Class arbitration, to the extent it is manufactured by Discover Bank rather than consensual, interferes with fundamental attributes of arbitration. The switch from bilateral to class arbitration sacrifices arbitration’s informality and makes the process ...

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09-3682 Trustmark Ins. Co. v. John Hancock Life Ins. Co.

Civil Procedure Arbitration An arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. “The district judge also erred in concluding that the arbitrators are powerless to construe the confidentiality agreement. True, that agreement lacks its own arbitration clause, but the parties did agree to ...

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2010AP535 Milwaukee District Council 48 v. Milwaukee County

Labor Arbitration An arbitration decision that a county violated the union’s collective bargaining agreement by reducing work hours is not void. “Insofar as whether the Award violates ‘a strong public policy,’ see Racine County, 2008 WI 70, ¶11, 310 Wis. 2d at 519, 751 N.W.2d at 317, the Award does not run afoul of that exception to the invulnerability of ...

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09-4051 Lumbermens Mutual Casualty Co. v. Broadspire Management Services, Inc.

Civil Procedure Arbitration Questions over the sufficiency of notice is a question for the arbitrator rather than the district court. “Broadspire cites our decision in R.J. Corman Derailment Services, LLC v. International Union of Operating Engineers, 422 F.3d 522, 528 (7th Cir. 2005), in support of its argument to the contrary, but that case is inapposite. In Corman, the parties ...

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