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Defectiveness of Defeated Party’s Attorney in Arbitration Does Not Overturn Award: Kelly v. Morgan Stanley Smith Barney, LLC
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By Christopher G. Lazarini

The recognized grounds for vacating an arbitration Award are limited, and the losing party may not rely on ineffective assistance from counsel,

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Mediation No Longer the Rodney Dangerfield of Dispute Resolution?
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By George H. Friedman*

[The author thanks the Securities Arbitration Commentator for letting him borrow liberally from its coverage of the cases below in its weekly Securities Arbitration Alert]

Mediation in my eyes has sometimes been treated like the Rodney Dangerfield of the alternative dispute resolution (“ADR”) field,

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Word to Claimants’ Counsel: Dismissal With Prejudice Is a Loss for Your Side
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A new twist we have been seeing in the Stipulated Awards of late is a statement in the Award that the merits dispute was settled between the parties with the Claimant customer agreeing to a dismissal with prejudice of all claims against the Respondents.

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NFA Panel Short-Changes Defense, Court Rules in Decision to Vacate: ICAP Corporates, LLC v. Drennan
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By David C. Franceski, Jr.

An arbitration panel engages in misconduct, justifying vacatur of an Award in the claimant’s favor,

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Not Too Many Appellate Opinions on Arbitration Authored by Judge Garland, But So Far, So Good
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While at this stage, Supreme Court nominee Merrick Garland remains a long shot for Senate confirmation, we decided to see if we could find any arbitration-related opinions that he may have authored since joining the DC Circuit.

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Award Speaks for Itself in Non-Dischargeability Bid: Behrends, In Re: Cooley-Linder vs. Behrends
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By William D. Nelson

The findings of a FINRA panel that a party violated federal or state securities laws and the corresponding damages awarded by the Panel are not dischargeable in bankruptcy where the issues of the securities violations,

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