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Full-Text Articles in Law
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Fordham Urban Law Journal
This Article examines emerging areas of the law governing the following procedural powers of arbitrators that impact reinsurance arbitrations, as well as other commercial disputes: (i) consolidation; (ii) non-party discovery; (iii) confidentiality; (iv) summary adjudication; and (v) the enforceability of a hold harmless agreement. Inconsistency in judicial interpretation of arbitral powers significantly impacts the cost-effectiveness and overall efficiency of arbitration -- reasons the parties seek to arbitrate their commercial disputes in the first place.
The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg
The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg
Fordham Urban Law Journal
This Comment examines the difficulties in using alternative dispute resolution, specifically mediation, to settle disputes between parties. While mediation is meant to lighten the courts' caseload, it occasionally results in post-settlement issues concerning the mediated agreement, leaving the court to determine whether the agreement should be enforced. This Comment examines such enforcement issues, specifically how often enforcement issues arise and the typical grounds on which parties rely to vacate or modify mediated agreements. It discusses the research conducted on New York State cases decided between 1/1/2004 and 10/31/2006 and describes research conducted by Hamline University School of Law Professors James …
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
Fordham Urban Law Journal
As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …
Sica: The First Twenty Years, Constantine N. Katsoris
Sica: The First Twenty Years, Constantine N. Katsoris
Fordham Urban Law Journal
This Article provides a broad overview of the topic of securities arbitration. It expresses the views of litigants from both sides of the spectrum. It argues that the public must trust in the integrity of the SRO (self-regulatory organization) arbitration process for securities arbitration to remain the basically mandatory system that it is today. The Article traces the evolution of arbitration rules in effect at various SROs. It then examines the Uniform Code of Arbitration in detail, and the SRO Codes. It explores the role of the American Arbitration Association (AAA), the NYSE Symposium, the Ruder Report and the Role …
Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris
Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris
Fordham Urban Law Journal
The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …
Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys
Fordham Urban Law Journal
The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …
Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones
Fordham Urban Law Journal
Over a period of years, recourse has increasingly been had to arbitration as a method of dispute resolution in both the public and the private sectors. There is every indication that this trend will continue and expand in the future. In his opening address at the 1985 Annual Meeting of the American Law Institute last May, Chief Justice Warren Burger urged us to "take a fresh look at the entire structure we have created to resolve disputes" and deplored the fact that "as we now practice it, that system is too costly, too painful, too destructive and too inefficient."' At …
Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg
Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg
Fordham Urban Law Journal
The commodities futures industry is experiencing rapid growth and a consequential rise in disputes between industry professionals and customers. In response to the growing number of disputes, the industry offers customers several methods for resolution, including the recently added National Futures Association (NFA). The NFA fills a gap in previously available forums, as it offers a much needed uniform and nationwide system of arbitration with jurisdiction over multi-exchange disputes. This Note suggests that requiring the exchanges to refer disputes to NFA and to include NFA as the forum for arbitration in pre-dispute arbitration agreements would greatly enhance the effectiveness of …
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Fordham Urban Law Journal
This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …
Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod
Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod
Fordham Urban Law Journal
Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …