March 17, 2022 | The Legal Intelligencer
Dismissing Versus Staying Arbitration ProceedingsBob encountered a doozy arbitration and, not surprisingly, messed it up big time.
By Charles F. Forer
7 minute read
December 30, 2021 | The Legal Intelligencer
Arbitrating and Mediating Fee Disputes With ClientsWhy so long? After so many mistakes and so many legal fees, why did it take until 2021 for a disgruntled client to refuse to pay one of Bob's bills?
By Charles F. Forer
6 minute read
November 15, 2021 | The Legal Intelligencer
What Do You Want to Arbitrate? Make Sure It's ClearBob chortled to PB's president that, "the homeowners are facing a challenging claim; they will quickly come to the settlement table to avoid the risks of losing the defamation claim and paying my fees on top of their fees."
By Charles F. Forer
8 minute read
September 21, 2021 | The Legal Intelligencer
When Does a Party 'Refuse' to Arbitrate?Section 4 of the Federal Arbitration Act (FAA) says "a party aggrieved by the alleged failure, neglect or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement."
By Charles F. Forer
6 minute read
July 22, 2021 | The Legal Intelligencer
Witness Subpoenas in Arbitration ProceedingsBob has been around the block several times when it comes to deposing third-party witnesses in arbitration proceedings. He knows the Federal Arbitration Act (FAA) does not expressly allow for the full-blown discovery that parties routinely get under the Federal Rules of Civil Procedure.
By Charles F. Forer
7 minute read
May 17, 2021 | The Legal Intelligencer
Eliminating Judicial Review of an Arbitration AwardEnsuring some type of judicial review was a good thing in this instance. Bob's client got creamed in the arbitration because—according to Bob—the arbitrator manifestly disregarded the applicable law and made a mockery of due process.
By Charles F. Forer
6 minute read
March 17, 2021 | The Legal Intelligencer
What Happens if There Is an Arbitrator Vacancy?Bob just learned that one of the three arbitrators is hospitalized with COVID-19 and must step down from the panel. The same panel that has not received the post-hearing briefs, let alone made its final arbitration award.
By Charles F. Forer
7 minute read
January 04, 2021 | The Legal Intelligencer
Desperately Seeking Relief From an ArbitratorBob has a headache. Two headaches. He had written an airtight arbitration provision to allow his client Longboat LLC to take advantage of arbitration and to go to court and seek interim relief to preserve the status quo. But Bob's careful drafting did not do the trick.
By Charles F. Forer
7 minute read
November 16, 2020 | The Legal Intelligencer
How Pre-Lawsuit Demand Letters Can Undermine ArbitrationBob loves writing demand letters. His super-aggressiveness often forces the other side to cave. Bob's client gets what it (almost) wants, without having to go to court or arbitration. And avoids lots of legal fees. But not this time.
By Charles F. Forer
7 minute read
September 21, 2020 | The Legal Intelligencer
Winning the Battle, Losing the War and Staying ImpartialWhen the claimant asked Bob to be its party-appointed arbitrator, the claimant provided Bob with a long list of the parties, all witnesses, and all related and affiliated parties that Bob then ran through his conflict-checking system.
By Charles F. Forer
7 minute read