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16 Alt. Disp. Resol. 1 (2011-2012)

handle is hein.aba/adr0016 and id is 1 raw text is: ~Alternative Dispute Resolution F, R O) THE SECI1ON OF I.IATON ALTERNATIVE DIS PUF RSOLU1-ON QO.Mcl1EE Fa 2011, Vol. 16, No 1 TABLE OF CONTENTS Articles * Seventh Circuit Allows Arbitrator to Hear Dispute over Original Award The Seventh Circuit addressed arbitrator authority in Trustmark Ins. Co. v. John Hancock Life Ins. Co. Discovery Subpoenas in Arbitration-Due Care Required By DvT. Lopez The use of subpoenas for discovery in arbitration cases can be subject to significant obstacles, particularly when the discovery is directed at third parties. When Is Arbitration a Tribunal under 28 U.S.C. § 1 782? It is important to analyze the differences between pending arbitration matters and applicable case law. Ninth Circuit Departs from Fifth Circuit's Prohibition of Ex Parte Conduct by Arbitrators If an arbitration panel has ex parte communications with expert witnesses, is that grounds for vacating the award? Negotiation Basics for Young Lawyers Negotiation is extensively used and badly practiced, but performance can be improved through instruction in the basics. News & Developments > $22 Million Award Vacated Due to Arbitrator's Non-Disclosures An arbitrator should disclose any facts that the parties would want to consider and should understand that this obligation continues throughout the arbitration. Class Arbitration Is Not Considered a Class Action under CAFA In a case concerning the application of the Class Action Fairness Act (CAFA), the Fifth Circuit ruled recently that a case that presents class claims in arbitration is not a class action. © 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Page 1 of 20