“Second Circuit Affirms Denial of NFL Player’s Petition to Vacate Arbitration Award, Rejecting Arguments of Harm Caused by Failure to Disclose … Documents”

JD Supra has published this article by Michael Wolgin at Carlton Fields, discussing the appellate decision in Johnson v. National Football League Players Association, No. 19-2734 (2d Cir. July 17, 2020).

Court Erred In Finding Arbitration Provision To Be Discretionary Rather Than Mandatory

The Florida District Court of Appeal has reversed a lower court’s denial of a motion to compel arbitration. The lower court concluded that a provision stating that a party “may initiate arbitration” did not entitle a disputant to insist that the matter be arbitrated, even though the other party commenced litigation. Citing precedent, the appellateContinue reading “Court Erred In Finding Arbitration Provision To Be Discretionary Rather Than Mandatory”

Federal Court Sorts Out Arbitration Dispute Between Doctors And Lawyers

Chief United States District Judge Lee Rosenthal tackled thorny arbitration questions arising out of a dispute between two physicians and a law firm they engaged to provide tax advice and tax shelters. As Chief Judge Rosenthal succinctly summarizes: “The result ispiecemeal presentations before three different arbitrators. It is not efficient, and certainly not pretty, butContinue reading “Federal Court Sorts Out Arbitration Dispute Between Doctors And Lawyers”

“€643 Million Arbitration Award Was Within Arbitration Panel’s Power to Award and Not a Result of Manifest Disregard of the Law”

JD Supra has this article authored by Benjamin Stearns of Carlton Fields, discussing the decision in Precision Castparts Corp. v. Schulz Holding GmbH & Co. KG, No. 1:20-cv-03029 (S.D.N.Y. July 20, 2020).

Perspectives On Online Mediation

The potential for a paradigm change toward online mediation in light of the necessities brought about by COVOID-19 is the subject of these two articles: “Back To The Future – Where Does Mediation Go From Here?,” authored by Richard Byrne of National Arbitration and Mediation, and found here on JD Supra. “VIEW: Online mediation forContinue reading “Perspectives On Online Mediation”

“Appellate Court: FLRA Cannot Override Arbitrators Just Because It Disagrees With Them”

The decision of the U.S. Court of Appeals for the District of Columbia Circuit in National Weather Service Employees Organization v. Federal Labor Relations Authority is the subject of this article by Erich Wagner in Government Executive.

Court Dismisses Amtrak Passengers’ Challenge To Arbitration Requirement As Speculative

Amtrak passengers’ litigation challenge to an arbitration requirement has been rejected by a federal court as speculative. Amtrak added the provision to its terms of service last year, prompting two passengers to sue, alleging that the requirement is ” unconstitutional and unlawful in several ways.” Amtrak’s motion to dismiss, was granted in view of theContinue reading “Court Dismisses Amtrak Passengers’ Challenge To Arbitration Requirement As Speculative”