July 27, 2020 | The Legal Intelligencer
Seeking Summary Judgment in an Arbitration ProceedingMonths and sometimes years before a dispute has arisen, the drafter of an arbitration agreement must consider whether it will be beneficial for his or her client to allow for summary dispositions.
By Charles F. Forer
7 minute read
May 15, 2020 | The Legal Intelligencer
Saying the Right Things Ensures Enforceability of an Arbitration AgreementBob's client, Albert, had honored his dear mother by getting her admitted into a nursing home after the hospital had treated and discharged her. The hospital gave specific instructions: "Do not take mom home. Take her immediately to a nursing home for further care."
By Charles F. Forer
7 minute read
March 19, 2020 | The Legal Intelligencer
Sign-Up Process That Includes Arbitration Agreement Needs To Be ClearA ride-hailing company entered into an arbitration agreement with its customer who signed up for the program through the company's mobile phone application.
By Charles F. Forer
7 minute read
January 06, 2020 | The Legal Intelligencer
Do You Need Magic Words to Create an Arbitration Agreement?Bob, the "master" of arbitration, had never seen anything like it. In response to his state court complaint and in the absence of an arbitration agreement, his adversary filed a preliminary objection, asserting the parties must arbitrate their claims.
By Charles F. Forer
6 minute read
December 13, 2019 | The Legal Intelligencer
Engagement Letters, Arbitration and Legal MalpracticeAlways a fervent supporter of arbitration, Bob took special pains to ensure that his clients-turned- malpractice-plaintiffs would see him, not in court, but in arbitration. Magic? Nope. Just contract drafting.
By Charles F. Forer
7 minute read
October 21, 2019 | The Legal Intelligencer
Getting Documents From a Third Party in ArbitrationBob knows arbitrators and courts are often squeamish about allowing arbitrating parties to subpoena documents and things from third parties.
By Charles F. Forer
7 minute read
August 19, 2019 | The Legal Intelligencer
The Pitfalls of (Trying to) Expand the Scope of Judicial Review of an Arbitration AwardBob did not make the mistake this time. The arbitrator’s legal error undermined Bob’s client’s case by relying on a legally flawed interpretation of the parol evidence rule.
By Charles F. Forer
7 minute read
June 24, 2019 | The Legal Intelligencer
Determining Whether the Arbitrator or the Court Decides ArbitrabilityThings were different this time. Bob had anticipated the very issue his adversary raised. Bob was confident he had “drafted his way around the problem.”
By Charles F. Forer
7 minute read
April 15, 2019 | The Legal Intelligencer
Are Pre-Engagement Lawyer-Client Arbitration Agreements Enforceable?The boom finally dropped. A former client brought a legal malpractice claim against Bob. This did not surprise his friends and colleagues—and readers of his miscues—who all knew Bob has been giving lousy advice for years.
By Charles F. Forer
7 minute read
February 11, 2019 | The Legal Intelligencer
Responding to Arbitration Subpoenas—How to Make Cost an IssueBob is not currently representing any clients in arbitration proceedings. In view of his past mistakes, described in my past articles, Bob's “withdrawal” from appearing in arbitration proceedings may be a good thing—at least for his clients.
By Charles F. Forer
7 minute read