Significant Decisions by Federal and State Courts in 2005 - Chapter 1 - ADR and the Law - 22nd Edition

The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.

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Originally from ADR and the Law - 22nd Edition

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The Third Circuit determined that a clause contained in an arbitration agreement that prevents the agreement’s review for an error of law must be upheld unless the arbitral panel was influenced by fraud, corruption, or partiality. Communications Consultant, Inc. v. Nextel Communications of the Mid-Atlantic, Inc., d/b/a Nextel, 2005 WL 1634319 (3d Cir. 2005).

On March 10, 2000, Nextel Communications and Communications Consultants, Inc. (CCI) entered into an authorized representative agreement. The agreement contained an arbitration clause stating that disputes shall be resolved by binding arbitration and that the decision of the arbitrators shall be final and unreviewable for error of law. On September 10, 2001, Nextel terminated the agreement because CCI purportedly sent an advertisement bearing the Nextel trademark to a marketing target without first obtaining Nextel's pre-approval, which was required under the agreement. CCI initiated arbitration proceedings pursuant to the agreement and the arbitrators found in favor of CCI. CCI filed a motion seeking to confirm the award pursuant to the Federal Arbitration Act. The district court granted CCI's motion to confirm the award and Nextel appealed to the Third Circuit.

Table of Contents:

Chapter 1. Significant Decisions by Federal and State Courts in 2005 Case Digests Federal Appeals Court Decisions Commercial-Third Circuit, Tenth Circuit Consumer-Fourth Circuit Employment-District of Columbia Circuit, First Circuit, Third Circuit, Eleventh Circuit Employment/Securities-Ninth Circuit. Energy-Tenth Circuit Franchising-Ninth Circuit Insurance-Seventh Circuit Intellectual Property-District of Columbia Circuit, Second Circuit, Tenth Circuit Labor- District of Columbia Circuit, Federal Circuit, First Circuit, Second Circuit, Third Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit Labor/Construction-Fifth Circuit Mediation-Third Circuit Securities-Second Circuit Taxation-Second Circuit Telecommunications-First Circuit Federal District Court Decisions Commercial-Southern District of New York Consumer-Middle District of Alabama Mediation-District of Columbia, District of Maine. Mediation/Bankruptcy-Eastern District of Michigan, Northern District of Ohio State Court Decisions Commercial-California Construction-Colorado, Maryland, Massachusetts, Rhode Island Consumer-Florida, Georgia, Oklahoma Employment-Connecticut, Mississippi, West Virginia Employment/Securities-New York Labor-Alaska, Massachusetts, New York, Pennsylvania, Rhode Island Mediation-New Jersey