ADR Prof Blog

A New York lower court has denied a “feeder” hedge fund’s motion to vacate an arbitration award issued by a majority of an American Arbitration Association panel in connection with an investor’s claim against the fund for losses related to the Madoff Ponzi scheme.  In Wiederhorn v. Merkin (601265/2010), New York Supreme Court, New York County, [...]

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In a development likely to reduce the number of matrimonial disputes going through acrimonious litigation in New York, Governor David Patterson finally signed into law yesterday an amendment to New York’s domestic relations law adding “irreconcilable differences” as a valid ground for divorce.  New York was the only state remaining in the country to require proof [...]

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In a closely-watched case, the Supreme Court of the State of Washington held today that statutes of limitation do not apply in arbitration.   Broom v. Morgan Stanley DW, Inc., No. 82311-1 (Sup. Ct. Wa. July 22, 2010).  In that case, an NASD arbitration panel dismissed investors’ garden-variety suitability claims against their brokers on state statute of [...]

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Volume 10, Issue 3 of the PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL has appeared in print.  Articles included in this volume are: 
Taking It Upstream:  Collaboration, Consensus Building & Sustainable Development–Green Leadership (Un)conference.  10 Pepp. Disp. Resol. L.J. 351-521 (2010).
 Zikman, Steve.  Foreword.  10 Pepp. Disp. Resol. L.J. 351-354 (2010).
 Zikman, Steve.  South Pasadena:  a dialogue on dialogue.  10 Pepp. Disp. Resol. L.J. [...]

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Last week the Alabama Supreme Court, in Raymond James Fin. Servs., Inc. v. Honea, 2010 WL 2471019 (Ala. June 18, 2010), held that section 10 of the Federal Arbitration Act, which prescribes the exclusive grounds for vacating arbitration awards under federal law, does not preempt vacatur grounds under state law.   In that case, a securities brokerage firm’s customer agreement contained [...]

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