Ten Things about Litigation that Arbitration Critics Won’t Tell You by George H. Friedman* The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm on Facebook, would unwittingly be…
What do A-Rod, the NLRB, and General Mills have in Common? The title of this post is not a riddle. On Jeopardy! it would be the correct response to “They evidently read George Friedman’s blog at Arbitration Resolution Services.” Three times in recent months, I have blogged about the above cast of characters, and urged…
Enough is Enough: Time to Eliminate the “Hidden Arbitration Clause Trick” “A day of reckoning is coming on predispute arbitration agreements in consumer arbitration. A dichotomy is developing between arms-length pre-dispute arbitration agreements and those imposed in an adhesion contract with consumers (and perhaps employees). This will be addressed in the next several years by…
A George Bailey “Hat Trick” – Et Tu, 9th Circuit? Several months ago in this blog I described a “hat trick,” which is a hockey term for when a player scores three (or more) goals in one game. For those who have somehow eluded ever seeing the holiday classic “It’s a wonderful Life,” the other…
Late last month in this blog, I wrote that the National Labor Relations Board (“NLRB”) was “cruisin’ for a bruisin’” on its arbitration policy. To review, and borrowing heavily from my own work, the NLRB had ruled previously in the D.R. Horton matter that a predispute arbitration agreement (“PDAA”) containing a class action waiver violated…
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.
The story becomes more complicated when Citigroup and the individual broker sought to challenge the award in state court on the grounds of manifest disregard of law, and bias because two of the arbitrators failed to make required disclosures. It turns out the parties appeared to have settled their dispute before the arbitration was commenced. This the court seizes on without addressing the arbitrator disclosure issue.
I have to admit I was a little concerned about the Arbitration Resolution Services, Inc. business model when I read summaries describing Martin v. Wells Fargo Bank, N.A., No. 12-6030 (N.D. Cal. Dec. 2, 2013). It sounded like the court was saying online agreements to arbitrate were not enforceable. Then I read the actual case. Turns out this case is just about failure of proof.I have to admit I was a little concerned about the Arbitration Resolution Services, Inc. business model when I read summaries describing Martin v. Wells Fargo Bank, N.A., No. 12-6030 (N.D. Cal. Dec. 2, 2013). It sounded like the court was saying online agreements to arbitrate were not enforceable. Then I read the actual case. Turns out this case is just about failure of proof.
This fast-paced interactive program “ADR and Emerging Technologies: the Future has Arrived” engaged experts and practionioners in the dispute resolution field – and the webinar participants — in discussing how emerging technologies are impacting the arbitration process. George H. Friedman, an Arbitration Resolution Services, Inc. (“ARS”) Board member and an adjunct professor of law at Fordham Law School, moderated the 90-minute webinar. His fellow panelists were Mark Norych, Esq., ARS EVP, GC and Board Member, John Bishop, AAA VP – SE Case Management Center, and arbitration expert and arbitrator Ross Tulman, Principal, Trade Investment Analysis Group.