by devadmin | May 26, 2017 | Arbitration, Mediation, Newsletter
U.S. Supreme Court upholds enforceability of nursing home arbitration agreement signed by a holder of a general power of attorney. In Kindred Nursing Centers LP v. Clark, (U.S. Supreme Court, May 15, 2017, slip opinion), the Supreme Court overturned a Kentucky...
by devadmin | Apr 26, 2017 | Arbitration, Mediation, Newsletter
Two Trial Court Rulings on Arbitrator Non-disclosures and Evident Partiality On March 3, 2017, Circuit Court Judge Jeannette Castagnetti issued findings of fact and conclusions of law in two cases vacating arbitration decisions due to insufficient disclosures...
by devadmin | Dec 26, 2015 | Arbitration, Mediation, Newsletter
Hawaii Supreme Court adopts strict vacature rule for arbitrator nondisclosure of possible future relationship. The Madamba case. Dec 7, 2015 Hawaii Supreme Court adopts strict vacature rule for arbitrator nondisclosure of possible future relationship The...
by devadmin | Dec 7, 2015 | Arbitration, Mediation, Newsletter
Confirming or vacating arbitration awards: be aware of a potential time trap The Federal Arbitration Act (FAA) and state arbitration statutes can present different statutes of limitation for the confirmation of an arbitration award and different statutes of...
by devadmin | Dec 7, 2015 | Arbitration, Mediation, Newsletter
Arbitration award vacature. The Nordic case. Hawaii Supreme Court issues important decision addressing vacature of arbitration awards for alleged partiality of the arbitrator due to nondisclosure of potential conflicts. The Hawaii Supreme Court overruled an ICA...
by devadmin | Nov 26, 2015 | Arbitration, Mediation, Newsletter
Expense shifting in arbitration. Is Civil Procedure Offer of Judgment Rule 68 applicable in arbitration? Where the civil procedure rules, related statutes and rules of arbitration adopted by parties in their contractual arbitration agreements are silent as to whether...
