Punitive damages in arbitration: Mastrobuono and the need for creation of a national court of commercial appeals

Article Abstract:

The 1995 Mastrobuono decision underscores the limits of the commercial arbitration process, the multitude of conflicts of law in areas such as punitive damage, and the growing need for a national commercial court of appeals to remedy the situation. Such a court could provide consistent national law in commercial litigation, serving as a secondary appellate level separate from the Court of Appeals and the US Supreme Court. The Mastrobuono decision followed five years of national law conflict on the recoverability of punitive damage awards in arbitration cases.

Innovations, Securities industry, Conflict of laws, Commercial arbitration agreements

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In whose interests? Evaluating attorneys' fee awards and contingent-fee agreements in social security disability benefits cases

Article Abstract:

The techniques used to determine the fees of attorneys representing people owed back-benefits for social security disability claims need to be revised, as attorneys are getting more than their share of the benefits desperately needed by their clients. The approaches used by courts in determining such fees are discussed, as are the use of contingency fees and possible alternatives fee arrangements.

Analysis, Attorneys, Lawyers' fees, Disability insurance, Contingency fees, Social security beneficiaries

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Punitive damages awards in commercial arbitrations: the role of federal substantive law in deriving contractual intent

Article Abstract:

Punitive damages should be specifically excluded from arbitration clauses if this is the intention of the parties. Alternatively, the parties should expect that punitive damages will be an issue at a pre-agreed to arbitration. The Federal Arbitration Act generally governs these types of agreements, assuming that there is a written provision to settle disputes through arbitration.

Building, Developing, and General Contracting, Contract Construction, Construction industry, Remedies, Negotiation, mediation and arbitration, Contracts, Construction contracts

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