by devadmin | Mar 8, 2018 | Arbitration, Newsletter
Arbitration compelled in at will contract of employment. In Hampden Coal, LLC v. Varney, 2018 WL 944159 (W. Va. Feb. 16, 2018), an employee sued his employer and the employer moved to compel arbitration. The employee asserted that the employer gathered all employees...
by devadmin | Jan 8, 2018 | Arbitration, Newsletter
Courts have attempted to establish clear rules governing when and whether the Court or the arbitrator is to determine issues of arbitrability. Under the Federal and state arbitration statutes, it is the Court that makes the determination as to whether the parties have...
by devadmin | Nov 26, 2017 | Arbitration, Mediation, Newsletter
Employment Agreements and Collective Bargaining Agreements need to be clear in identifying the scope of claims that are intended to be covered by arbitration agreements. In 2009, the U.S. Supreme Court rulIed that parties could agree in their CBAs to include statutory...
by devadmin | Sep 26, 2017 | Arbitration, Mediation, Newsletter
Hawaii arbitration statute amended to make vacature for arbitrator non-disclosure permissive where Court finds such non-disclosure to be substantial and material. On July 11, 2017, Governor Ige signed SB 314, SD1, HD1, CD1 which became Act 187 of the 2017...
by devadmin | Aug 26, 2017 | Arbitration, Mediation, Newsletter
Hawaii arbitration statute amended to make vacature for arbitrator non-disclosure permissive where Court finds such non-disclosure to be substantial and material. On July 11, 2017, Governor Ige signed SB 314, SD1, HD1, CD1 which became Act 187 of the 2017...
by devadmin | Jul 26, 2017 | Arbitration, Mediation, Newsletter
Hawaii Supreme Court issues third decision on arbitration vacature due to arbitrator non-disclosure. On June 15, 2017, the Hawaii Supreme Court issued its decision in Narayan v. AOAO Kapalua Bay Condominium, (No. SCAP-16-0000588) (“Narayan II”). In the case, the Court...
