Thursday, October 18, 2007

NASD Did Me Wrong, Claims Broker

Ex-Merrill Lynch broker Christopher Pan, has accused the NASD of handing him the short end of the stick in an arbitration case. The New York Post reports that Jeffrey Liddle, a lawyer representing Pan, is accusing Sherri Hughes, a veteran NASD dispute resolution arbitrator, of having ruled on the merits of Pan's claim before his legal team has formally filed documentation related to the arbitration. His charges are based on an e-mail sent by Hughes to two other panelists instructing them to dismiss Pan's defamation claim against Merrill. Liddle claims the problem here is he was denied his well-established right to argue the claim. Arbitration panel are forbidden to discuss case merits before arguments have been made. .

Friday, September 28, 2007

Arbitration: Williams keeps a watching eye

Although Spyker has begun the arbitration process, Williams - one of the leading critics in the customer cars row - has remained quiet.

Today, a spokesperson for the British team confirmed that it has not yet begun its own action: "We are not involved at this time," a spokesperson told Reuters.

Speaking at the launch of FW29, both Frank Williams and Patrick Head were adamant that customer cars contravene the Concorde Agreement and that any team using them in 2007 should not qualify for points (or prize money) in the Constructors' Championship.

Although moves have been made behind the scenes to calm the row, Spyker, in particular, remains adamant, hence last week's admission that the arbitration process has begun.

It is thought that the Dutch team is questioning the legality not only of the Toro Rosso and Super Aguri cars, but also the 2007 Red Bull and the 2006 Toro Rosso.

Saturday, September 15, 2007

Charlie's pours out $20000 in employment dispute

A woman who said her boss regarded her pregnancy as an obstacle to her advancement has missed out on her personal grievance claim for discrimination and distress.

But the Employment Relations Authority (ERA) has awarded Nicky McFarlane $20,000 in wage arrears and compensation for losing the use of her company car.

Mrs McFarlane, national sales manager for Charlie's juices, took a personal grievance case for unjustifiable disadvantage to the authority after she and the company were unable to resolve problems between her and Stefan Lepionka at mediation.

She was appointed to her position in July 2004. She said that in January 2006 Mr Lepionka told her her position might no longer exist and she might have a regional sales manager role.

"She says that when she protested about not being consulted, Mr Lepionka said if she did not like it she should not have got pregnant," ERA member Leon Robinson said in his adjudication.

Saturday, August 18, 2007

External Mediators Should Hold Off

Civil activists have suggested bringing in external mediators to end the stand-off between the authorities and the opposition, but NBCentralAsia analysts say both sides are still capable of holding talks and outsiders should keep their distance. On March 29, the head of the Association of Non-Government and Non-Commercial Organisations, Toktayim Umetalieva, called for outside mediation. “Kyrgyzstan has reached a point where international players like the Shanghai Cooperation Organisation, the Collective Security Treaty Organisation, or the European Union should intervene to preserve the peace," she told the 24.kg news agency. The opposition United Front for a Worthy Future for Kyrgyzstan headed by Felix Kulov is planning mass rallies for April 9-11 to demand the president's resignation and early presidential elections.

Tuesday, August 7, 2007

Arbitration Law in England and applicability in Sri Lanka in terms ...

England as a major trading nation developed arbitration law since mid 1880 in order to meet the needs of the commercial men.

International trade was the lifeblood of many industries and the problems with the enforcement of judgements abroad and the problems with the conflict of laws arising from private international law led to sophisticated developments in arbitration law.

Dispute resolution by way of arbitration in England has existed for as long as the common law was in practice. It is only recently that there has developed a distinct branch of jurisprudence termed arbitration law.

Arbitration is a consensual process. It is possible to go through the process of arbitration without interference from the court system. But it is safer to get court involved for easy implementation of the decisions arrived by the arbitration tribunal.