Justin Bieber, Sunoco and Arbitration: How are they Possibly Connected? by George Friedman* Earlier this week came word that Justin Bieber and a photographer, who are embroiled in a law suit in Florida over an alleged assault on the photographer, are now arguing about whether the judge should direct the parties to submit…
The A-Rod Saga: Batting 1.000 So Far (See For Yourself) My previous blog post here on the A-Rod saga (A-Rod’s Chances on Appeal: Rock, Meet Hill) contained some predictions. Several have already have come to pass; so far I am batting 1.000. A-Rod would Bring Legal Action to Vacate Award First, I predicted…
In short there are three takeaways here: 1) labor arbitration is a different animal, but the scope of court review of arbitration awards is very limited, just as in business or consumer arbitrations; 2) A-Rod is pushing the proverbial rock up a hill with his announced intention to appeal Arbitrator Horowitz’s decision that he be suspended for 162 games (an entire season); and 3) there is a small window of opportunity that might allow him to play this year.
By Mark Norych, Executive Vice-President/General Counsel, Board Director For the vast majority of the people in the United States, disagreements or disputes wind up in lawsuits and Courts which everyone realizes takes a lot of time and money. Although arbitration as a way to settle disputes has existed for centuries, it is now finally coming…
In early May, bills were introduced in the House and Senate , attempting to breathe new life into the concept of a federal Arbitration Fairness Act (“AFA”). The bills would amend the Federal Arbitration Act (“FAA”) by adding a new chapter invalidating predispute arbitration agreements (“PDAAs”) for consumer, investor, employment, or civil rights claims. The proposed legislation is similar to prior failed efforts to similarly amend the FAA going back at least to 2005.
This article analyzes the AFA of 2013 and concludes that, while a well- intended effort to address a legitimate concern – PDAAs imposed via an adhesion contract by dominant parties on weaker parties like consumers and employees – it in fact is a potentially dangerous overreaction that could end up harming those it intends to protect. The article closes with the author’s recommendation for a better way to address these concerns.