OUR NEUTRALS
Honorable Mark A. Frankel (Ret.) Dane County Circuit Court Wisconsin, JD 1973; Michigan, BA 1970 FULL BIO
 —Robert McCrea, Chesapeake, Virginia Robert McCrea had a dispute with a well-known business. To resolve the issue he utilized the FORUM arbitration process, and won! McCrea explains that with arbitration a consumer... FULL STORY
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TODAY IN ADR
/ July 24, 2008
Where the rules of arbitration authorize the arbitrator to grant any "just and equitable" relief, the arbitrator may award attorney fees without any other contractual or statutory basis for the award, according to the Texas Court of Appeals. In light of the Court's holding, if parties select arbitration rules that permit any "just and equitable" relief, they are effectively opting out of the American Rule, which provides that parties are responsible for their own attorney fees in the absence of any contractual or statutory basis for shifting such fees.
In Providian Bancorp Services v. Thomas, No. 08-07-00246-CV, 2008 WL 2058524 (Tex. Ct. App. May 15, 2008), Thomas sued Providian, her former employer, for discrimination and assault and battery. Providian moved to compel arbitration pursuant to an arbitration agreement between the parties... FULL STORY
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