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International Institute for Conflict Prevention and Resolution Newsletter...

The March 2010 issue of Alternatives to the High Cost of Litigation, the excellent newsletter of the International Institute for Conflict Prevention and Resolution (“CPR”), featured as its cover story...

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How Will Stolt-Nielsen, S.A. v. Animalfeeds Int’l Corp. Change Reinsurance...

Part II A.   Introduction In Part I (here) we explained why the standard for challenging an award based on its outcome is important in reinsurance arbitration practice.  And, after briefly reviewing...

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Oxford Health Plans LLC v. Sutter—SCOTUS Reaffirms FAA Section 10(a)(4)...

On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. at 4-5 (U.S. June 10, 2013) (Kagan, J.), unanimously reaffirmed that Section 10(a)(4) of the FAA...

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Oxford Health Plans LLC v. Sutter—SCOTUS Reaffirms FAA Section 10(a)(4)...

Part II.A:  What to Make of Oxford? In our last post (here) we discussed the U.S. Supreme Court’s recent decision in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. (U.S. June 10, 2013), which,...

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The Tenth Tells us Time (Usually) Waits for No One: United Food & Commercial...

Introduction Arbitration is supposed to be a speedy alternative to litigation, and that is supposed to be true as respects commercial or employment arbitration governed by the Federal Arbitration Act...

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What can a Federal Arbitration Act Practitioner Learn from an ERISA MPPAA...

 Fourth Circuit Says Proceeding to Overturn ERISA MPPAA Pension Plan Dispute Arbitration Award is Commenced by Filing a Complaint—not a Federal Arbitration Act Application, Petition or Motion...

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Circuit Court Judge Richard A. Posner Weighs in on Federal Policy in Favor of...

Introduction Ronald v. Sprint Spectrum L.P., No. 14-3478, slip op. (7th Cir. May 11, 2015) (Posner, J.) Ronald v. Sprint Spectrum L.P., No. 14-3478, slip op. (7th Cir. May 11, 2015) arose out of a...

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Appellate Division, First Department Vacates Arbitration Award Because it...

New York’s arbitration law (Article 75 of the CPLR), like the Federal Arbitration Act (the “FAA”), strictly limits award challenges premised on an arbitrator’s disregard of the parties’ contract....

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Appellate Division, Fourth Department Vacates Imperfectly Executed...

Imperfectly Executed 1 New York Civil Practice Law & Rules (“CPLR”) Section 7511(b)(1)(iii) provides that an arbitration award “shall be vacated” where the arbitrator “so imperfectly executed [the...

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Second Circuit Says Collective Bargaining Agreement’s Arbitration Clause was...

Back in 2009 the Author wrote an article on the United States Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009), which held “that a collective-bargaining agreement that...

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