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Court Holds Non-Parties May Enforce Arbitration Agreement Even Though The General Rule Is That They Can’t

The Financial Industry Regulatory Authority, more commonly known as FINRA, has adopted a Code of Arbitration for Customer Disputes (FINRA has a separate code for industry disputes). Under FINRA’s Customer Code, a claim by or...more

5/24/2013 - Arbitration Arbitration Agreements Enforcement FINRA Non-Parties

What Happens When Some Investors Agree To Arbitration But Others Don’t?

Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring...more

2/12/2013 - Appeals Arbitration Agreements Investors Motion to Compel Third-Party

Achilles’ Shield And Judicial Review Of Arbitration Awards

This month, I revisited the Huntington Library in San Marino, California. Among other things, I wanted to have another look at the Shield of Achilles, John Flaxman’s magnificent re-imagining of the shield crafted by...more

1/28/2013 - Arbitration Agreements Judicial Review

U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring Non-Compete Agreements Null And Void

A short per curiam opinion issued yesterday by the United States Supreme Court concerning an employment dispute in Oklahoma is likely to result in consternation in California....more

11/27/2012 - Arbitration Arbitration Agreements Nitro-Lift Technologies Non-Compete Agreements SCOTUS

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