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Archive for the ‘Arbitration’ Category

*All Posts,Appeal,Arbitration

All orders compelling or denying arbitration are deemed final for purposes of appeal

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March 29, 2011 at 11:14 am

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*All Posts,Arbitration,Laches

A plaintiff may not file suit, participate in discovery, secure interim relief, and then be heard to complain that the court is not a proper forum and that arbitration should be compelled

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March 21, 2011 at 4:05 pm

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*All Posts,Arbitration

Circumstances under which an arbitration award may be modified

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February 23, 2011 at 12:49 pm

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*All Posts,Arbitration

PIP Arbitration

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February 15, 2011 at 4:58 pm

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*All Posts,Arbitration

Parties are not bound to arbitrate on an all-or-nothing basis, but may choose to submit discrete issues to the arbitrator

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February 8, 2011 at 1:31 pm

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*All Posts,Arbitration

Parties must expressly elect to be governed by the Alternative Procedure for Dispute Resolution Act

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December 27, 2010 at 4:30 pm

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*All Posts,Arbitration

Courts have generally read the terms “arising out of” or “relating to” in a contract as indicative of an extremely broad agreement to arbitrate any dispute relating in any way to the contract

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December 22, 2010 at 6:24 pm

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*All Posts,Alternative Dispute Resolution,Arbitration,Child-custody

Where the arbitrator creates a detailed record for review, the award can be confirmed without verbatim transcription

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December 10, 2010 at 8:28 pm

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*All Posts,Appeal,Arbitration

An arbitrator’s award should be vacated if it was procured through undue means

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November 30, 2010 at 1:58 pm

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*All Posts,Arbitration,Counsel Fees

An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding

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November 30, 2010 at 1:55 pm

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