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Updated 1/6/2009




Also in the News
Montana Lawmaker Wants Detailed Arbitrator Disclosure
Appeals Court Says FAA Wording Not Needed for Award Enforcement
Court Says Arbitrator Disclosure of Link to Third-Party Not Required
IRS Launches Two-Year ADR Pilot for Appeals Cases
Supreme Court Hears Debate on CBA Waiver of Statutory Claims
Arbitration Awards Subject to Offset by Courts Under Settlement Law

Leading the News:

New Minnesota Code Permits Some Judges to Serve as Neutrals

The Minnesota Supreme Court has adopted a new code of judicial conduct that permits retired and part-time judges to serve as arbitrators or mediators in limited circumstances.

Court Rules Independent Counsel Fees Separable, Must be Arbitrated

A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.

Texas Officials Keep Residential Building Commission Operating

The Texas Sunset Commission recently voted unanimously to keep the state's Residential Construction Commission operating but recommended changes aimed at speeding the dispute resolution process and providing more oversight of the residential building sector.

FINRA Details Special Arbitration Process for Auction Rate Securities

The Financial Industry Regulatory Authority (FINRA) has issued details of a special arbitration procedure for claims arising out of the sale of long-term debt instruments with a short-term interest rate set by auction known as "auction rate securities."

New Jersey Court Clarifies Limits on Arbitration Consolidation

A New Jersey appeals court ruled in a case of first impression that a trial court correctly refused to consolidate two arbitration proceedings after both had commenced where ordering consolidation would force a party who agreed to arbitrate before a single specified arbitrator to arbitrate before three arbitrators it had no part in selecting.

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