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Arbitration News

Arbitrators Cannot Sanction Attorneys

After nearly 4 years, a Court vacates a $700,000 arbitrator sanction against trial counsel CIBC Oppenheimer Corp. v. Friedman, No. B141521 (Cal. App., 2Dist., 2/21/02). Agreement to Arbitrate * Vacatur of Award * State Law, Applicability of * Exceeding Powers * Sanctions (Arbitral) * Breadth of Agreement * State Statutes […]

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Arbitrators Must Detail Attorney Fee Awards

In Response to Florida Supreme Court Ruling, Attorney Fee Awards Provide Necessary Detail HARE & POLO TRUSTS v. GRUNTAL & CO., LLC, NYSE ID # 2000-008643 (Ft. Lauderdale, 5/17/01): In apparent response to the Moser decision on attorney fees in arbitration, arbitrators have begun stating how they have disposed of […]

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Does My Arbitration Agreement Cover All Disputes?

Court applies standard analysis to determine coverage of agreement Raspet v. Buck, 2001 N.C. App. LEXIS 1055 (N.C. App., 11/6/01): Pre-existing agreement to arbitrate does not convert disputes over all future dealings between the parties into arbitrable controversies. Operating individually as investment representatives, plaintiff and defendant created Plan First, LLC, […]

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NASD Relocation?

Filings Up, Staffing Increases Proposed, NASD-DR to Relocate? According to representatives of the two forums, new filings are up and are staying up. At the New York Stock Exchange, they surged 41% during 2001 and were especially high in the final quarter of the year. That increased level of activity […]

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Dispute Resolution Continued Criticism

NASD-DR Continues to react to criticism of its expertise ranking system NASD-DR continues to react to criticism of its expertise rankings for arbitrators by directing its arbitrators to explain the basis for any claims to expertise. The Neutral List Selection System was designed to operate on a rotational basis, so […]

Arbitration News

Removing a Sitting Arbitrator

  Proposals for Removal of Arbitrators Contemplated ARBITRATOR REMOVAL: What do you do when an Arbitrator on your Panel has a clear conflict and all routes to remove him/her have proved fruitless? Under the current SRO Rules (e.g., NYSE Rule 610), the Director of Arbitration “may remove an arbitrator based […]