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National Arbitration Forum ADR Solutions
Anthony J. Mercorella

OUR NEUTRALS

Honorable Anthony J. Mercorella (Ret.)
New York Supreme Court
Fordham, LLB 1952; Long Island, AB 1949
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Perspectives on ADR

—Robert J. Grey, Jr., Former President, American Bar Association

In a message to the American Bar Association membership entitled Striving for a Just Solution, president Robert J. Grey Jr. encourages legal professionals to help eliminate the inefficiencies of traditional courtroom trials: “Innovative, creative...

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TODAY IN ADR / November 7, 2009

 

The South Carolina Supreme Court has held that section 5 of the Federal Arbitration Act (FAA) does not allow for the appointment of an alternate arbitrator when the designated administrator refuses to hear the parties’ dispute, finding that the selection of an arbitrator implies the waiver of certain procedural rights and that the selection of an arbitral forum is therefore a “material term.”

In Grant v. Magnolia Manor-Greenwood, Inc., No. 26668, 2009 WL 1678204 (S.C. June 15, 2009), Grant admitted his wife to the Magnolia nursing home facility. Upon admission, Grant executed the admission contract on his wife’s behalf. The contract contained a broadly-worded arbitration agreement specifying the National Health Lawyers Association, later the American Health Lawyers Association (AHLA), as the arbitration administrator...

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