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Full-Text Articles in Law
Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch
Journal of Dispute Resolution
In KenAmerican Resources, Inc. v. International Union, United Mine Workers of America, the United States Court of Appeals for the District of Columbia Circuit found that a corporation which did not sign an arbitration agreement entered into by an individual who owned both that company, KenAmerican Resources, Inc., and the company that was clearly bound to the arbitration agreement, Ohio Valley Resources, Inc., was not bound by the arbitration agreement. 2 This was because the agent who signed the agreement, Robert Murray, was not acting on KenAmerican's behalf.3
Physician-Patient Arbitration Agreements: Procedural Safeguards May Not Be Enough - Buraczynski V. Eyring, Jennifer Gillespie
Physician-Patient Arbitration Agreements: Procedural Safeguards May Not Be Enough - Buraczynski V. Eyring, Jennifer Gillespie
Journal of Dispute Resolution
Insurance companies and physicians increasingly are requiring medical malpractice claims to be settled by arbitration.2 As a result, many patients are being presented with a new choice when they enter their doctor's office: Sign an arbitration agreement or forgo treatment with their physician. In Buraczynski v. Eyring, the physician required the patients to sign an arbitration agreement prior to performing medical services for them? The agreement contained provisions designed to ensure that the patient made an informed decision before consenting to the agreement.4 But what if there were no other doctors available if the patient chose not to sign?
Public Policy Exception: A Narrow Exception To Judicial Review Or An Independent Means Of Avoiding Arbitration Agreements - Exxon Corp. V. Baton Rouge Oil And Chemical Workers Union, The, Elizabeth Tenorio
Journal of Dispute Resolution
The Federal Arbitration Act advances a strong desire to encourage parties in labor management disputes to utilize arbitration in lieu of litigation.' For this reason, judicial review of an arbitrator's award is construed narrowly by three specific provisions? In recent years, a public policy exception to this strict standard of review has developed,4 and its use has exploded. This Note discusses the impact of this public policy exception on both arbitration and judicial forums. In addition, this Note highlights the potential for abuse when the exception is not limited and applied with care.