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Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice
Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice
Journal of Dispute Resolution
The Employment Retirement Income Security Act of 1974 (ERISA) 2 provides a regulatory scheme for the myriad of employee benefit plans that affect so many workers and their families today. 3 One ERISA issue is whether claims under the Act may be arbitrated or if they must be heard in a judicial forum. The Supreme Court has not yet spoken on this issue, but the district court in Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp. relied on the Supreme Court's determinations of arbitrability in various other cases 4 to conclude that ERISA claims may be …
Your Forum Or Mine - Where To Arbitrate Investor-Broker Securities Claims, Christopher J. Moeller
Your Forum Or Mine - Where To Arbitrate Investor-Broker Securities Claims, Christopher J. Moeller
Journal of Dispute Resolution
This Comment will discuss the present forums available for customer-broker arbitration disputes, the problems arising in the current system, what changes in the present system may help resolve these problems, and the desirability of creating a new forum to handle all securities arbitrations between customers and brokers. This Comment will not challenge the desirability of arbitrating customer-broker disputes in general. Indeed, many scholars and commentators argue that arbitration is beneficial to both the customer and the broker because it provides a more efficient and less expensive means of settling disputes than litigation. However, for arbitration to effectively handle customer grievances, …