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Arbitration is
an area in which the Law Offices of Jonathan Robert Nelson, P.C. have considerable expertise. The office
has handled disputes before arbitral panels convened by the American Arbitration
Association (AAA), New
York Stock Exchange (NYSE) and the National
Association of Securities Dealers (NASD). Areas of arbitrated disputes have included disputes between stock exchange member
companies and employees over employee compensation and charges of violating company policy and misusing customer funds; broker-customer
disputes over stock trades; and other disputes between private parties. Arbitration
has also been a subject of scholarly interest. Mr. Nelson is the author of a law review article on the subject: "Judge-Made Law and the Presumption of Arbitrability: David L. Threlkeld & Co. v. Metallgesellschaft
Ltd.," 58 Brooklyn Law Review
279 (Summer 1992). The article explores the public policy implications and theoretical underpinnings of Supreme Court interpretations
of the Federal Arbitration Act, which allows for the private arbitration of disputes pursuant to arbitration
clauses in private contracts, binding marketplace rules, and other sources. You should consider carefully where and how you want to resolve potential disputes arising out of your business relationships.
Many contracts contain clauses that commit the parties to arbitrating their disputes instead of going to court. Although arbitration
may promise a faster, and less expensive, means to resolve disputes, those advantages come at a price. Arbitrators have less
power than courts to order disclosure of information by parties and non-party witnesses, and they are usually less inclined
to do so. In some types of cases, especially where the defendant has exclusive access to the information needed for the claimant's
case, agreeing to arbitrate a dispute could conceivably reduce the claimant's chances of winning on the merits of the dispute.
To send an e mail to this office, click here.
Law Offices of
Jonathan Robert Nelson, P.C.
111 Broadway, Suite 1805
New York, NY 10006
Telephone: (212) 593-5775
Facsimile: (212) 593-5115
E mail:
nelson@attorneynelson.com
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