OUR NEUTRALS
Honorable Frank McFadden (Ret.) Northern District of Alabama Yale, JD 1955; Mississippi, BA 1950 FULL BIO
 —Richard J. Medalie, FORUM Arbitrator Richard Medalie is one of the FORUM’s most distinguished neutrals. During the Kennedy Administration, Richard served in Solicitor General Archibald Cox’s office and argued his first case before the U.S. Supreme Court at the age of 33. He possesses... FULL STORY
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TODAY IN ADR
/ July 27, 2008
Where the rules of arbitration authorize the arbitrator to grant any "just and equitable" relief, the arbitrator may award attorney fees without any other contractual or statutory basis for the award, according to the Texas Court of Appeals. In light of the Court's holding, if parties select arbitration rules that permit any "just and equitable" relief, they are effectively opting out of the American Rule, which provides that parties are responsible for their own attorney fees in the absence of any contractual or statutory basis for shifting such fees.
In Providian Bancorp Services v. Thomas, No. 08-07-00246-CV, 2008 WL 2058524 (Tex. Ct. App. May 15, 2008), Thomas sued Providian, her former employer, for discrimination and assault and battery. Providian moved to compel arbitration pursuant to an arbitration agreement between the parties... FULL STORY
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