Arbitration: Time-Barred Claim is Not Arbitrable
Arbitration: Punitive Damages Award Is Upheld
Arbitration: Post-Resignation Defamation Claim Is Arbitrable
Mediation: Unsigned And Ambiguous Agreement Is Not Binding
Mediation: Confidentiality Statute Applies To Delinquency Proceedings
ADR Online: WIPO Arbitration and Mediation Center

Arbitration: Time-Barred Claim is Not Arbitrable
Geneva Securities, Inc v. Johnson (7th Cir 03/11/98)

Plaintiffs appeal from a district court denial of their request to vacate or remand an arbitration panel's award.  Defendants filed a claim for arbitration but it was determined ineligible because it had been longer than six years since its occurrence, and was time-barred by Section 15 of the NASD Code. The Court of Appeals remanded to the arbitration panel to modify the award.  The court determined that the arbitration panel had relied upon the ineligible claim in fixing its award and thus it exceed its power in making the award.
[Full Decision 1998 WL 105484]

Arbitration: Punitive Damages Award Is Upheld
Keith Industries v. Piper Capital (Minn App 03/17/98)

Arbitration panel did not manifestly disregard the law when awarding $1,000,000 in punitive damages against Piper under a National Association of Securities Dealers (NASD) arbitration.  The court held that Piper waived its Employee Retirement Income Security Act (ERISA) defense by not raising it in timely manner as provided by NASD.  In addition, Piper could not prove that the arbiters manifestly disregarded the law because of Piper's failure to provide arbiters with conclusive evidence that ERISA barred punitive damages.  The court concluded that an arbitration which misinterprets the law or gives an award they do not agree with is not grounds for overturning an arbitration decision.
[Full Decision: 1998 WL 113469]

Arbitration: Post-Resignation Defamation Claim Is Arbitrable
Ottman v. Fadden (Minn App 03/10/98)

Internal memos which gave rise to the defamation suit that described the plaintiff's work performance were directly linked to the plaintiff's employment with Kemper Securities.  The court found that the employment contract required that all disputes arising between the plaintiff and Kemper were to be resolved under NASD arbitration.  The court also found that the plaintiff was a sophisticated party and therefore, the employment contract was not an adhesion contract and that it did not deny him his right to a jury trial because it was waived voluntarily.
[Full Decision: 1998 WL 99725]

Mediation: Unsigned And Ambiguous Agreement Is Not Binding
Kelly v. Kelly (Ohio App 03/02/98) (Unpublished)

In a divorce proceeding the parties entered into a private mediation to divide martial assets.  The parties never signed the
final agreement.  The trial court found that the terms of the agreement were ambiguous and disregarded the mediation agreement. The Court of Appeals held that the trial court was not bound by the terms of the agreement and correctly divided the marital assets and liabilities, including a large credit card debt.
[Full Decision: 1998 WL 87494]

Mediation: Confidentiality Statute Applies To Delinquency Proceedings
Rinaker v. Superior Court of San Joaquin County (Cal App 03/16/98)

California Evidence Code Section 1119 provides that no evidence of anything said during mediation is admissible or subject to discovery.  The confidentiality provisions of Section 1119 apply to juvenile delinquency proceedings.  The public policy served by these provisions must yield when necessary to ensure the minor's constitutional right to effective cross examination and impeachment of an adverse witness.
[Full Decision: 1998 WL 117988]

Online ADR: WIPO Arbitration and Mediation Center

The Center offers its services to all interested parties. Initially the Center's online system is made available for disputes
involving Internet domain names, but will soon handle other types of intellectual property issues.  A novel feature of the system will allow parties and neutrals to communicate simultaneously (using electronic "chat" as well as, when available, audio and televideo facilities), thereby reducing the need for in-person meetings and hearings.

Details: http://www.wipo.int