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Special Report on

Arbitration Now An Accept

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For the past few weeks I’ve been working with an outside party to analyze the distribution of WIPO cases amongst arbitrators. Now attorney Zak Muscovitch has beaten me to it with National Arbitration Forum data. For those that follow NAF cases, you won’t be surprised to learn what Muscovitch discovered . But it’s still startling. One controversial panelist has heard about 10% of all cases: Carolyn Marks Johnson. Muscovitch’s study revealed she has handled 966 cases at NAF. I’m not sure how much NAF pays panelists, but competitor WIPO pays single member panels $1,000. Although earlier fees were ...
wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or " arbitral tribunal "), by whose decision (the " award ") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial ...
Kagan hearings shine light on injustice of forced arbitration
The forced arbitration of claims arising out of statutory protections for consumers and employees has become a hot topic at the Kagan hearings. The parade of comments by Senators started even before the hearings began, with a written statement by Senator Leahy criticizing the Supreme Court’s 5-4 decision in Rent-a-Center v. Jackson , and similar  remarks on the Senator floor by Senator Franken (video of which we’ve already posted here). The topic was raised again in Senator Whitehouse’s opening statement on Monday and in an extended colloquy between Franken and Kagan this morning. In his statement, ... market research, surveys and trends
Understanding Restricted Free Agency - Nucks Misconduct
It's that time of the year again, and year after year I never fully understand the complete concept of restricted free agency. I am sure that I'm not alone in this. So let's start with the basics of it, and I am going to copy and paste what Beantown Canuck (huge thanks, by the way) posted in the comments section in a previous post, as you almost have to be a lawyer to understand some of this stuff. 1. Teams must offer all pending RFAs a qualifying offer- which is their previous salary +10% (or more), or else those players become UFAs. 2. If a player signs the qualifying offer, well then that’s their contract. market research, surveys and trends


Evolution of salary arbitration: an ironic tale - MLB - Yahoo! Sports
Somewhere in the afterlife, Charlie Finley and Dick Meyer must be shaking their heads and muttering “we warned you.” Back in 1973 they predicted what would happen if owners abandoned a take-it-or-leave-it stance with players and agreed to salary arbitration. Maybe it was inevitable. Maybe free agency was inevitable as well. But this scrawny, long-haired San Francisco Giants pitcher they call The Freak could increase his salary 20-fold in one year. What would Tom Seaver have earned after going 25-7 in his third season? Until ’73, players were all but bound to accept the contracts set in front of them because the ... industry trends, business articles and survey research
Watchdog Blog: Poll: Americans Oppose Forced Arbitration, Demand ...
Wide support exists across party lines for Arbitration Fairness Act; consumers, employees from around U.S. lobby lawmakers today Washington, DC – Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts, according to national polling of likely voters conducted by Lake Research Partners. Forced arbitration clauses are hidden in the fine print of everything from cell phone, home, credit card and retirement account terms of agreement to employment and nursing home contracts. Just by taking a job or buying a product or service, consumers and ... industry trends, business articles and survey research
San Jose may accept no-layoff deal with cops
In a breakthrough that would avoid police layoffs for at least a year, San Jose officials Thursday said they would recommend accepting smaller concessions from police than the mayor and council had sought. Employee Relations Director Alex Gurza said the city would recommend a San Jose Police Officers' Association offer made Wednesday to avoid laying off 70 officers even though the pay and benefit cuts were less than half what the council had sought and would mostly last just a year. "We really sort of consider it a stopgap measure," Gurza said. "The city has a difficult choice to make. Do we let the layoffs ... market trends, news research and surveys resources
Unions to recommend new Eskom offer to workers
A senior Eastern Cape education official has been earning nearly R1million in the past two years by sitting at home and not doing a stroke of work. Jul 4, 2010 3:41 PM | By Sapa Eskom has placed a new wage offer on the table, which unions have until Friday to sell to their members. "The agreement is that Eskom offers a nine percent wage increase and a R1500 minimum housing allowance for all employees in the bargaining unit," said Solidarity deputy secretary general Dirk Hermann. "Our members must seriously consider the offer and not engage in any unprotected action," said Frans Baleni, secretary general of the National Union of ... market trends, news research and surveys resources


Home Court Advantage
May 20, 2009 ... Use of Binding Mandatory Arbitration Is Now Ubiquitous in New Home Industry ..... gives buyers an option about whether to accept arbitration ... technology research, surveys study and trend statistics
In the News - Russ Feingold: In the News - Press Releases
Arbitration Fairness Act Would Ban Mandatory Arbitration Clauses in Credit Card, Cell Phone, Employment and Other Contracts Wednesday, April 29, 2009 Washington, D.C. - U.S. Senator Russ Feingold (D-WI) is reintroducing legislation to protect the right of Americans to have their day in court. The bill would make pre-dispute agreements requiring arbitration for any employment, consumer, franchise, or civil rights disputes unenforceable.  The bill does not prohibit arbitration, but rather prevents a party with greater bargaining power from forcing individuals into arbitration through a contractual provision and ... technology research, surveys study and trend statistics
21st Century Arbitration Worthy of Its Name
The time and expense involved in international arbitration now requires .... appointment of the arbitrators, and arbitrators should not accept cases when ...
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Arbitration/Mediation: Binding Arbitration, arbitration agreement ...
QUESTION: My wife was a contractor providing landscape designs for a small (single person) landscape installation company. She signed an arbitration agreement with the owner to mediate any disputes that arose from their contracting work. The agreement was not drawn up by an attorney, my wife found it on the Internet. She has since severed her relationship and is attempting to recover money owed to her under this agreement. The owner has been paid in full from two clients and my wife is owed an installation bonus - approximately $2500. The owner does not dispute the amount in question, but she is demanding a refund for a document ...
Collections Law: Credit card arbitration, default judgement ...
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls. Experience I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes. Education/Credentials Paralegal courses for the most part.