Even liberal Justice Steven Breyer questioned why the merchants had to hire expensive experts in arbitration, where the arbitrators themselves would presumably have expertise in antitrust law and could streamline the whole process.
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State insurance commissioners generally refuse to allow arbitration clauses in insurance contracts, federal law be damned.
The board also will oversee dispute resolution between retailers and union representatives, which will be subject to arbitration with decisions enforceable in a court of law in the country of the retailer.
From 1997 to 2001, Mr. DuBester taught graduate courses in collective bargaining and arbitration at Catholic University School of Law.
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But to get to binding arbitration, the parties need to reach impasse, a term that in labor law means deadlock, with no hope of resolution.
Long before there was an American Arbitration Association, antagonists in business and the professions who feared the abstrusities of law courts had a different means of alternative dispute resolution:the duel.
The tort bar's ship would also come in, including limits on arbitration to settle disputes and watering down the 1995 law limiting strike suits.
It's scheduled to hear several more this fall, including one case over a federal law that binds consumers when they agree to settle disputes in arbitration, and another that seeks to prevent lawsuits over drugs approved by the Food and Drug Administration.
Nadler is a partner at Reed Smith LLP who represents employers at all stages of both traditional labor relations and employment law matters, including cases in federal and state court, arbitration, and mediation, as well as matters before the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the National Labor Relations Board, and various other federal and state agencies.
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Ask any lawyer who has represented investors in industry arbitrations or an investor if the arbitration system is preferable to a court of law.
The law was designed to rein in judges who had repeatedly ignored contracts requiring arbitration, perhaps out of a deep-seated aversion to ceding control over litigation.
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Courts generally overturn an arbitration result only in the rare case when someone can prove an arbitrator was corrupt or deliberately ignored the law.
As to the use of non-legal representation in prosecuting or defending a FINRA Arbitration, there are many consulting firms that offer services (often in conjunction with an affiliation with a lawyer or law firm).
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