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OUR NEUTRALS

Honorable C. Timothy Corcoran, III (Ret.)
U.S. Bankruptcy Court, M.D. Fla.
Virginia, JD 1973; North Carolina, AB 1967
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—Warren E. Burger, Chief Justice, U.S. Supreme Court

With the passage of the Federal Arbitration Act of 1925, the United States government firmly established arbitration as viable means of dispute resolution. Federal and state courts have consistently upheld the FAA and supported the services provided...

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TODAY IN ADR / July 6, 2008

 

When a party receives notice of an arbitration proceeding but does not object to the arbitration, the party is procedurally barred from raising a post-award challenge to the existence of the arbitration agreement, according to the North Carolina Court of Appeals.

In Advantage Assets, Inc. II v. Howell, No. COA07-878, 2008 WL 1946828 (N.C. Ct. App. May 6, 2008), Advantage Assets (Advantage) filed an arbitration claim against Howell, seeking to collect the unpaid balance on an MBNA credit card. Howell did not participate in the arbitration, and the arbitrator issued an award in favor of Advantage...

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