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Full-Text Articles in Law
Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron
Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron
Fordham Law Review
Arbitral awards are intended to be binding on parties who subject their disputes to arbitration. However, an arbitrator’s bias in favor of one of the parties is one of the few grounds on which a party can object to such an award. The standard used to evaluate such bias is known as “evident partiality.” This Note examines two commonly used standards—referred to in this Note as the “possible impression” standard and the “likely actual bias” standard—deployed by U.S. courts to define evident partiality and determine whether the requirements for vacating an arbitral award have been fulfilled. This Note advocates that …
Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson
Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson
Fordham Law Review
The Federal Arbitration Act (FAA) provides the legal framework to render international and interstate arbitration agreements judicially enforceable in the United States. In furtherance of that goal, it provides that, if a party initiates litigation rather than arbitration of an arbitrable dispute, either party may request that the court stay the litigation pending resolution in an arbitration proceeding. The U.S. courts of appeals are currently split as to whether § 3 of the FAA requires a court under these circumstances to stay the action or whether the court has the discretion to dismiss the action altogether. In Katz v. Cellco …
A Substantive Right To Class Proceedings: The False Conflict Between The Faa And Nlra, Michael D. Schwartz
A Substantive Right To Class Proceedings: The False Conflict Between The Faa And Nlra, Michael D. Schwartz
Fordham Law Review
In recent decades, the U.S. Supreme Court’s Federal Arbitration Act jurisprudence has greatly expanded the scope of enforceable arbitration agreements. In AT&T Mobility LLC v. Concepcion, decided in 2011, the Court held that a class arbitration waiver in a consumer contract was enforceable, despite state law to the contrary. In January 2012, the National Labor Relations Board ruled that, despite the Court’s holding in Concepcion, class waivers in employment arbitration agreements are unenforceable due to employees’ right under the National Labor Relations Act to engage in concerted activity. However, nearly all federal and state courts that have subsequently …
Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns
Freedom, Finality, And Federal Preemption: Seeking Expanded Judicial Review Of Arbitration Awards Under State Law After Hall Street, Brian T. Burns
Fordham Law Review
When the U.S. Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc. in March 2008, the Court held that under the Federal Arbitration Act (FAA), parties to an arbitration agreement may not contractually expand the grounds for judicial review of an arbitration award beyond the grounds enumerated in the FAA. In dicta, however, the Court expressly left open the possibility that parties nonetheless may obtain expanded review by relying on state arbitration law, rather than the FAA. This Note examines the availability of contractually expanded review under state law and addresses the question of whether, in light of Hall …
On The Face Of It? Establishing Jurisdiction On Claims To Compel Arbitration Under Section 4 Of The Faa, Leda Moloff
On The Face Of It? Establishing Jurisdiction On Claims To Compel Arbitration Under Section 4 Of The Faa, Leda Moloff
Fordham Law Review
Section 4 of the Federal Arbitration Act enables a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought in court. The U.S. Courts of Appeals are split over how to establish jurisdiction when faced with a claim to compel arbitration. The disagreement centers on whether the court may “look through” to the underlying claim between parties to establish jurisdiction or whether establishment of jurisdiction must comply with the well-pleaded complaint rule, a rule requiring the petitioner to state the reason for jurisdiction on the face of their complaint to compel arbitration. …
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan D. Franck
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan D. Franck
Fordham Law Review
No abstract provided.
Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack
Take My Arbitrator, Please: Commissioner "Best Interests" Disciplinary Authority In Professional Sports, Jason M. Pollack
Fordham Law Review
No abstract provided.
The Use Of Arbitration To Settle Territorial Disputes, Carla S. Copeland
The Use Of Arbitration To Settle Territorial Disputes, Carla S. Copeland
Fordham Law Review
No abstract provided.
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Fordham Law Review
No abstract provided.
Seeking Consistency In Judicial Review Of Securities Arbitration: An Analysis Of The Manifest Disregard Of The Law Standard, Michael P. O'Mullan
Seeking Consistency In Judicial Review Of Securities Arbitration: An Analysis Of The Manifest Disregard Of The Law Standard, Michael P. O'Mullan
Fordham Law Review
No abstract provided.
International Arbitration Under The Uncitral Arbitration Rules: A Contractual Provision For Improvement, John D. Franchini
International Arbitration Under The Uncitral Arbitration Rules: A Contractual Provision For Improvement, John D. Franchini
Fordham Law Review
No abstract provided.
Punitive Damages In Arbitration: Contracting Out Of Government's Role In Punishment And Federal Preemption Of State Law, Stephen J. Ware
Punitive Damages In Arbitration: Contracting Out Of Government's Role In Punishment And Federal Preemption Of State Law, Stephen J. Ware
Fordham Law Review
No abstract provided.
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Fordham Law Review
No abstract provided.
Venue For Motions To Confirm Or Vacate Arbitration Awards Under The Federal Arbitration Act, Susan C. Rabasca
Venue For Motions To Confirm Or Vacate Arbitration Awards Under The Federal Arbitration Act, Susan C. Rabasca
Fordham Law Review
No abstract provided.
New Remedies For The Next Century Of Judicial Reform: Time As The Greatest Innovator, Irving R. Kaufman
New Remedies For The Next Century Of Judicial Reform: Time As The Greatest Innovator, Irving R. Kaufman
Fordham Law Review
No abstract provided.
Interest Arbitration: The Alternative To The Strike, Arvid Anderson, Loren A. Krause
Interest Arbitration: The Alternative To The Strike, Arvid Anderson, Loren A. Krause
Fordham Law Review
No abstract provided.
Relaxing The Standard For Court-Ordered Discovery In Aid Of Commercial Arbitration, Mary R. D’Agostino
Relaxing The Standard For Court-Ordered Discovery In Aid Of Commercial Arbitration, Mary R. D’Agostino
Fordham Law Review
No abstract provided.
Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane
Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane
Fordham Law Review
No abstract provided.
A Review Of The National Labor Relations Board's Deferral Policy, Michael A. Murphy, Michael A. Sterlacci
A Review Of The National Labor Relations Board's Deferral Policy, Michael A. Murphy, Michael A. Sterlacci
Fordham Law Review
No abstract provided.
Thumbs In The Dike: Procedures To Contain The Flood Of Personal Injury Litigation, Josephine Y. King
Thumbs In The Dike: Procedures To Contain The Flood Of Personal Injury Litigation, Josephine Y. King
Fordham Law Review
No abstract provided.
"Compulsory Arbitration" - What Is It?, Wesley A. Sturges
"Compulsory Arbitration" - What Is It?, Wesley A. Sturges
Fordham Law Review
No abstract provided.