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Introducing The Arbitration Law Forum

September 9th, 2020 ADR Social Media, The Arbitration Law Forum 1 Comment »

Arbitration Law ForumIn case you haven’t already noticed, the Loree Reinsurance and Arbitration Law Forum is now the Arbitration Law Forum. The Loree Reinsurance and Arbitration Law Forum began publishing articles about arbitration, arbitration-law, reinsurance, and insurance issues when it was launched by Loree & Loree in March 2009.  Our first post is here.

The blog’s principal focus was arbitration- and arbitration-law-related matters, though it published from time-to-time articles about reinsurance- or insurance-related matters unrelated to arbitration. To date, and not including this post, the blog has published 310 posts. But Loree & Loree, which was formed in August 2008 by Philip J. Loree (“Loree Sr.”) and Philip J. Loree Jr. (“Loree Jr.”), recently became The Loree Law Firm. Loree Sr. recently retired from the practice of law after 61 years of practice, and Loree Jr. is continuing the practice as The Loree Law Firm. The change of firm name necessarily required changes to the firm’s website, and so Loree Jr. took that opportunity to rename the blog “The Arbitration Law Forum.” The main focus of The Arbitration Law Forum will continue to be arbitration, arbitration-law, and arbitration litigation, but it may, on occasion, also publish articles on reinsurance, insurance, and other commercial and business contract issues unrelated to arbitration. We hope the Arbitration Law Forum’s new name will widen its audience by emphasizing its focus on arbitration and arbitration law while de-emphasizing—but not forsaking—its occasional coverage of reinsurance and insurance issues. The next post will continue our Businessperson’s Federal Arbitration Act FAQ Guide series and focus on vacating arbitration awards on the ground of fraud or undue means.

Contacting the Author

If you have any questions about this article, or about arbitration, arbitration-law, or arbitration-related litigation, please contact the author, Philip Loree Jr., at (516) 941-6094 or at PJL1@LoreeLawFirm.com.

Philip J. Loree Jr. has 30 years of experience handling matters arising under the Federal Arbitration Act and in representing a wide variety of clients in arbitration, litigation, and arbitration-related litigation.

ATTORNEY ADVERTISING NOTICE: Prior results do not guarantee a similar outcome.

Photo Acknowledgment

The photo featured in this post was licensed from Yay Images and is subject to copyright protection under applicable law.

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC | International Institute for Conflict Prevention and Resolution Interviews by Video Conference Philip J. Loree Jr. and Richard D. Faulkner

June 2nd, 2020 ADR Social Media, Arbitrability, Arbitrability - Equitable Estoppel, Arbitrability - Nonsignatories, Arbitration Agreements, Arbitration as a Matter of Consent, Arbitration Law, Arbitration Practice and Procedure, CPR Speaks Blog of the CPR Institute, Enforcing Arbitration Agreements, Federal Arbitration Act Section 2, First Principle - Consent not Coercion, Gateway Disputes, Gateway Questions, International Arbitration, International Institute for Conflict Prevention and Resolution (CPR), Loree & Loree, Practice and Procedure, Pre-Award Federal Arbitration Act Litigation, Questions of Arbitrability, Rights and Obligations of Nonsignatories, United States Supreme Court Comments Off on GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC | International Institute for Conflict Prevention and Resolution Interviews by Video Conference Philip J. Loree Jr. and Richard D. Faulkner
GE Energy Power

On June 1, 2020 the United States Supreme Court issued its 9-0 decision in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC. In an opinion authored by Associate Justice Clarence Thomas the Court held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards did not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories. Associate Justice Sonia M. Sotomayor wrote a concurring opinion.

On the same day the Court decided GE Power, our friend and colleague Russ Bleemer, Editor of Alternatives to the High Cost of Litigation, Newsletter of the International Institute for Conflict Prevention and Resolution (“CPR”), interviewed our friend and colleague Richard D. Faulkner and Philip J. Loree Jr. about the case and what it means for practitioners.

You can watch the video-conference interview HERE.

Also on June 1, 2020 Russ also wrote an excellent post about GE Energy for CPR’s blog, CPR Speaks, which explains in detail the background of the case and the rationale for the Court’s opinion, as well as Justice Sotomayor’s concurring opinion. You can read that post HERE.

Contacting the Author

If you have any questions about this article, arbitration, arbitration-law, arbitration-related litigation, then please contact Phil Loree Jr., at (516) 941-6094 or at PJL1@LoreeLawFirm.com.

Philip J. Loree Jr. is a partner and founding member of Loree & Loree. He has 30 years of experience handling matters arising under the Federal Arbitration Act and in representing a wide variety of clients in arbitration, litigation, and arbitration-related litigation.

Loree & Loree represents private and government-owned-or-controlled business organizations, and persons acting in their individual or representative capacities, and often serves as co-counsel, local counsel or legal adviser to other domestic, and international, law firms requiring assistance or support.

Loree & Loree was recently selected by Expertise.com out of a group of 1,763 persons or firms reviewed as one of Expertise.com’s top 18 “Arbitrators & Mediators” in New York City for 2019, and now for 2020. (See here and here.)

ATTORNEY ADVERTISING NOTICE: Prior results do not guarantee a similar outcome.

Photo Acknowledgment

The photo featured in this post was licensed from Yay Images and is subject to copyright protection under applicable law.

Henry Schein Inc. v. Archer & White Sales Inc. | CPR’s Video Conference Interview of Rick Faulkner and Phil Loree Jr. about Schein’s Second Trip to the the Nation’s Highest Court

May 22nd, 2020 ADR Social Media, American Arbitration Association, Appellate Practice, Arbitrability, Arbitrability | Clear and Unmistakable Rule, Arbitration Agreements, Arbitration as a Matter of Consent, Arbitration Law, Arbitration Practice and Procedure, Arbitration Provider Rules, Arbitration Providers, Arbitration Risks, Clear and Unmistakable Rule, CPR Speaks Blog of the CPR Institute, Delegation Agreements, Federal Arbitration Act Section 2, Gateway Disputes, Gateway Questions, International Institute for Conflict Prevention and Resolution (CPR), Loree & Loree Comments Off on Henry Schein Inc. v. Archer & White Sales Inc. | CPR’s Video Conference Interview of Rick Faulkner and Phil Loree Jr. about Schein’s Second Trip to the the Nation’s Highest Court
Schein Faulkner Loree

On May 20, 2020, the International Institute of Conflict Protection and Resolution (“CPR”) interviewed our good friend and fellow arbitration attorney Richard D. Faulkner and Loree & Loree partner Philip J. Loree Jr. about a two-part article we wrote about the Schein case for the May 2020 and June 2020 issues of Alternatives to the High Cost of Litigation, CPR’s international ADR newsletter published by John Wiley & Sons, Inc.  To watch and listen to the video-conference interview, CLICK HERE.

Continue Reading »

LinkedIn’s Commercial and Industry Arbitration and Mediation Group is now over 3,660 Members Strong!

July 2nd, 2014 ADR Social Media, Commercial and Industry Arbitration and Mediation Group Comments Off on LinkedIn’s Commercial and Industry Arbitration and Mediation Group is now over 3,660 Members Strong!

On May 19, 2009 the Loree Reinsurance and Arbitration Law Forum, Karl Bayer’s Disputing blog, Don Philbin Jr., Robert Bear and others formed a LinkedIn group called the Commercial and Industry Arbitration and Mediation Group. On May 21, 2009 we reported (here) that the group had “29 members with diverse backgrounds, all of whom are interested in commercial and industry ADR.” On October 28, 2010, we reported that the group was “now 1,008 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues.  .  .; and network with others in the domestic and international ADR community.” (See here.)

Today the group has more than 3,660 members, and continues to discuss actively issues pertaining to domestic and international ADR, and continues to feature a distinguished and internationally-diverse membership of arbitrators, mediators, business people, attorneys, law professors, students, and other persons interested in ADR.

The group is co-managed by Don Philbin, Jr., Karl Bayer, Robert Bear and Philip J. Loree Jr. We welcome new members, and encourage (but do not require) active participation. The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like.

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group.

We hope you’ll join up!

 

Oral Argument to be Held Tomorrow in SCOTUS AT&T Mobility Class Waiver Case

November 8th, 2010 ADR Social Media, Arbitration Agreements, Arbitration Practice and Procedure, Class Action Arbitration, Class Action Waivers, Guest Posts, Practice and Procedure, United States Supreme Court Comments Off on Oral Argument to be Held Tomorrow in SCOTUS AT&T Mobility Class Waiver Case

The United States Supreme Court will hear oral argument in AT&T Mobility LLC v. Concepcion, No. 09-893, tomorrow, November 9, 2010.  (Read about the case here, here, here and here.)  If you are interested in reading the transcript, you should be able to access it here by approximately 4:00 p.m. tomorrow.  

Earlier this morning the Disputing blog published the first installment of a multi-part guest post we are writing, entitled “AT&T Mobility v. Concepcion:  Can Discover Bank Withstand Stolt-Nielsen Scrutiny?”  (Read it here.)  Our focus in that post will be how Stolt-Nielsen bears on the Federal Arbitration Act preemption questions before the Court, and in particular, what (if anything) we can glean from the upcoming oral argument about those questions.  

The first installment briefly describes the preemption issues and comments on the uncertainty surrounding implied preemption because of Associate Justice Clarence Thomas’ rejection of that doctrine in his Wyeth v. Levine, 555 U.S. ___, 129 S. Ct. 1187 (2009), concurring opinion, see 129 S. Ct. at 1205 (Thomas, J., concurring), and the deference he accords state law in Federal Arbitration Act cases which (unlike AT&T Mobility) are brought in state court.  See, e.g., Buckeye Check Cashing, Inc. v. Cardegna, 546 US 440 (2006) (Thomas, J., dissenting) (“[I]n state-court proceedings, the FAA cannot be the basis for displacing a state law that prohibits enforcement of an arbitration clause contained in a contract that is unenforceable under state law.”).

The first installment also poses some examples of the types of Stolt-Nielsen-related questions Justices might ask the Concepcions’ counsel at the argument.  It will be interesting to see whether the Court asks questions of this type, and, if so, what the Concepcions have to say in response.     

The number of future installments will depend on what transpires at the argument.  We suspect that there will be at least two.  

We would like to thank Karl Bayer and Beth Graham of the Disputing blog for featuring us as an AT&T Mobility  guest blogger.

LinkedIn’s Commercial and Industry Arbitration and Mediation Group Surpasses the 1,000 Member Mark!

October 28th, 2010 ADR Social Media, Commercial and Industry Arbitration and Mediation Group Comments Off on LinkedIn’s Commercial and Industry Arbitration and Mediation Group Surpasses the 1,000 Member Mark!

As regular readers know, we own and co-manage with Don Philbin, Jr., Karl Bayer, and Robert Bear LinkedIn‘s Commercial and Industry Arbitration and Mediation Group.  The group actively discusses issues pertaining to domestic and international ADR, and features a distinguished and diverse membership of arbitrators, mediators, business people, attorneys, law professors, students, and other persons interested in ADR.  Our members hail not only from the United States, but many other countries as well. 

The group, which was formed in May 2009, is now 1,008 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

LinkedIn’s Commercial and Industry Arbitration and Mediation Group is 900 Members Strong and Growing!

August 23rd, 2010 ADR Social Media, Commercial and Industry Arbitration and Mediation Group, Mediation, Reinsurance Mediation Comments Off on LinkedIn’s Commercial and Industry Arbitration and Mediation Group is 900 Members Strong and Growing!

As regular readers know, we own and co-manage with Don Philbin, Jr., Karl Bayer, Robert Bear, and Victoria VanBuren  LinkedIn‘s Commercial and Industry Arbitration and Mediation Group.  The group actively discusses issues pertaining to domestic and international ADR, and features a distinguished and diverse membership of arbitrators, mediators, business people, attorneys, law professors, students, and other persons interested in ADR.  Our members hail not only from the United States, but many other countries as well. 

The group, which was formed in May 2009, is now 900 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

Meet the Reinsurance Claims Group Co-Managers

August 14th, 2010 ADR Social Media, Reinsurance Claims Comments Off on Meet the Reinsurance Claims Group Co-Managers

On July 30, 2010 we announced the formation of LinkedIn’s Reinsurance Claims group, which is a forum for the discussion of issues concerning U.S. and international ceded and assumed reinsurance claims.  (Post here)  We would like to introduce the co-managers of the group:  Nigel Shepherd, Robert Bear, Marc Lanzkowsky, Theresa Hajost, Bill Hook and me.  It is an honor to work with such a talented and professionally diverse group of people, and their commitment to the group bodes well for its success.    

But there is more.  Every one of these people is a great human being that is a pleasure to know and with whom it is a privilege to collaborate.  All are readily approachable and willing to share freely their impressive knowledge, skills and experience.  And that is what makes for a great Web 2.0 discussion and networking group.     Continue Reading »

Announcing a New LinkedIn Group: Reinsurance Claims

July 30th, 2010 ADR Social Media, Reinsurance Claims, Reinsurance Social Media Comments Off on Announcing a New LinkedIn Group: Reinsurance Claims

Readers know that I own and co-manage with other ADR professionals LinkedIn’s Commercial and Industry Arbitration and Mediation Group.  (See most recent post here.)   For some time, however, I have been planning to start a LinkedIn group that focused on reinsurance-related matters, and on July 28, 2010, my good friends Nigel Shepherd and Robert Bear and I took the plunge and formed Reinsurance Claims. 

After being in existence for only two days, the group has grown to 38 members, and our good friends Marc Lanzkowsky, Theresa Hajost and George Simpson, IV have  graciously agreed to join Nigel, Robert and me on the co-management team.  We intend to publish a shortly an article discussing the backgrounds and credentials of our very talented and diverse team. 

The group is a forum for the open discussion of issues and sharing of information concerning ceded and assumed reinsurance claims in the U.S. and overseas markets.  Topics of discussion may include, but are not limited to the presentation, adjustment, processing, settlement and payment of ceded and assumed reinsurance claims; claims dispute resolution, including litigation, arbitration, mediation and other forms of ADR; commutation; handling claims for a company in run-off; handling claims for an active writer; collections, including collections from companies in run off; comparative claims practices and procedures (e.g., London versus U.S. market); claims issues pertinent to insurance insolvencies; and coordination between the claims department and other departments of the company.  The group welcomes members from both the U.S. and international community.

Persons who should consider joining the group include in-house claims professionals; in-house and outside counsel; claims consultants and experts; actuaries; reinsurance arbitrators and mediators; brokers with claims responsibilities; and anyone genuinely interested in learning more about the subject.  The purpose of the group is information sharing and professional networking.  

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in reinsurance claims.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can click here to apply for membership in the group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

Loree Reinsurance and Arbitration Law Forum Nominated for Inclusion in LexisNexis Insurance Law Community’s Top 50 Insurance Law Blogs!

June 27th, 2010 ADR Social Media, Claims Spot, General Comments Off on Loree Reinsurance and Arbitration Law Forum Nominated for Inclusion in LexisNexis Insurance Law Community’s Top 50 Insurance Law Blogs!

This blog, along with several other insurance-law-related blogs, has been nominated for inclusion in LexisNexis Insurance Law Community’s Top 50 Insurance Law Blogs.  But we haven’t made the final cut yet — LexisNexis will select the winners after a comment period that ends this June 30, 2010. 

According to the post announcing the initial nominees (here):

As many of you know, there are blogs, and then there are blogs. When we consider a blog for membership in ILC’s annual Top 50, we look for frequent posts, timely topics, and quality writing. Only the best may gain admission. Our readers have come to expect nothing less, and we wouldn’t have it any other way.  (emphasis in original)

If you read and enjoy the Loree Reinsurance and Arbitration Law Forum, we would be grateful if you would post a comment at the LexisNexis Insurance Law Community site recommending us for inclusion in the final Top 50 list.  Instructions on how to do so are here. 

We also note that our good friend Marc Lanzkowsky’s blog, The Claims SPOT, was included in the initial list of nominees.  If you are not already familiar with Marc’s blog, then we urge you to check it out, because we think you’ll like what you see.  And whether or not you are already familiar with Marc’s blog, if you share our view that it should be included in the final top 50 list, then please be sure to let LexisNexis know here.

Many thanks to all of our readers for your continued support!

EDITOR’S NOTE:  LexisNexis has advised us that the comment period has now been extended to July 9, 2010. 

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