Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Journal of Dispute Resolution

Punitive damages

Articles 1 - 6 of 6

Full-Text Articles in Law

Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith Jul 2007

Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith

Journal of Dispute Resolution

This article will analyze why the position of the courts-no state action-is correct. Specifically, this article will take the position that the policy of finality traditionally found in arbitration law must trump any constitutional inquiries. This is because arbitration is ultimately based on the parties' agreement, which inevitably recites that the arbitrator's decision shall be final and, in any event, this finality is generally implied.


When Contracting Around The Law Will Not Work: The Potential Inability To Expressly Prohibit Punitive Damages In Arbitration, Alexia Norris Jan 2005

When Contracting Around The Law Will Not Work: The Potential Inability To Expressly Prohibit Punitive Damages In Arbitration, Alexia Norris

Journal of Dispute Resolution

Just as the availability of all appropriate remedies is an important part of judicial litigation, the attempt to identify and limit those remedies is an issue in an arbitration proceeding. After the United States Supreme Court's 1995 decision in Mastrobuono v. Shearson Lehman Hutton, Inc., it seemed clear that parties would be allowed to seek punitive damages if an agreement did not expressly prohibit such damages. Even so, parties continue to falter in writing agreements meant to contain the proper language that will succeed in limiting the availability of certain remedies. This is due to the continued confusion over how …


Securities Arbitration Awards Of Punitive Damages: Protective Or Expansive Steps For Review - Sawtelle V. Waddell & (And) Reed, Inc., Andrew Kopp Jan 2004

Securities Arbitration Awards Of Punitive Damages: Protective Or Expansive Steps For Review - Sawtelle V. Waddell & (And) Reed, Inc., Andrew Kopp

Journal of Dispute Resolution

An award of punitive damages is often the most significant and detrimental part of an award arising from a judicial or arbitral proceeding. In 1995, the United States Supreme Court resolved a circuit split upholding an arbitral panel's authority to award punitive damages under a securities arbitration agreement. This decision was monumental in establishing arbitral power. However, it left several questions unanswered. For example, which, if any, standards should be applied to such awards? This casenote addresses the reviewability of punitive damages awards arising out of a securities arbitration hearing.


Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii Jan 1995

Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii

Journal of Dispute Resolution

Despite some residual image problems, arbitration is far from a modem day phenomenon.2 Aristotle himself was a fan of arbitration, "for the arbitrator keeps equity in view, whereas the judge looks only to the law."3 However, inconsistency among federal courts regarding the award of punitive damages by arbitrators has only furthered the image problem.4 Discord among courts arises when parties sign a contract agreeing to be bound by the law of a state which prohibits arbitral awards of punitive damages along with contract language which seems to express intent to allow punitive damages.5 Under the Federal Arbitration Act ("FAA"), federal …


Punitive Damages In Securites Arbitration: The Interplay Of State And Federal Law (Or A Smaller Bite Of The Big Apple), Marilyn B. Cane Jan 1993

Punitive Damages In Securites Arbitration: The Interplay Of State And Federal Law (Or A Smaller Bite Of The Big Apple), Marilyn B. Cane

Journal of Dispute Resolution

As the United States Supreme Court has observed, the Federal Arbitration Act (FAA) 2 "is something of an anomaly in the field of federal-court jurisdiction. It creates a body of federal substantive law establishing and regulating the duty to honor an agreement to arbitrate, yet it does not create any independent federal-question jurisdiction."' The parameters and effect of state law under the FAA are continually being refined by the courts. Since the FAA is silent regarding the award of punitive damages, the role state law plays with respect to this issue is unsettled.


Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek Jul 1992

Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek

Journal of Dispute Resolution

Promotion of settlement to reduce litigation is a well-established policy goal in our federal court system.2 However, when parties cannot resolve all of their disputes in alternative dispute resolution, this policy goal is undermined. In arbitration governed by the law of the state of New York, parties are generally unable to resolve all of their disputes in arbitration when punitive damages would be warranted. In most cases, the parties' dispute cannot be fully resolved where punitive damages would be available because an arbiter is not free to award punitive damages in arbitration under New York law. This is particularly troublesome …