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Recent Developments
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2002 Newsletters

October 28 Newsletter

Cases:

Arbitration: Insurance arbitration award reduced because it exceeded the jurisdictional limit.
Arbitration: Bank was awarded attorney’s fees at the appeals level following arbitration.
Arbitration: Court compelled arbitration after collective bargaining agreement expired.
Arbitration: A party must establish a binding agreement to compel a claim to arbitration.


Cases:

Arbitration: Arbitrator's award may be overturned if not premised on the parties' contract.
Arbitration: Supreme Court lacks jurisdiction to consider an appeal of a trial court's decision to dismiss a motion to dismiss a request for trial de novo.
Arbitration: Arbitration clause between brokers and dealers declared unenforceable.
Cases:

Arbitration: Trust Agreement Involving a Union Pension Fund.
Arbitration: Only a party of the arbitration agreement can only seek a stay of arbitration.


Arbitration: NASD time bar provision falls within the class of procedural disputes that an arbitrator, not a court, should interpret.
Arbitration: Inspector's cause of action accrued on the date of termination rather than the date the union decided not to pursue a grievance.
Arbitration : Formal arbitration hearings only when contemplated and agreed upon by parties.

Cases:

Arbitration: Indian tribe prevented from presenting evidence for defense after choosing not to do so before appeal. (Supreme Court of Oklahoma).
Arbitration: Court applies two-prong test to determine if cases are arbitrable. (New York Court of Appeals).
Arbitration: Arbitrator's failure to award damages is not grounds for Court modification of award. (Supreme Court of Texas).
Arbitration: Time period to challenge an arbitrator's award does not begin to run until notified of the award. (Supreme Court of New Jersey).
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Updated by Rosalie M. Schele
Dec. 23, 2002

Willamette University College of Law
 

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