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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