Arbitration Reform: Hearings Before the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce, House of Representatives, One Hundredth Congress, Second Session, Including H.R. 4960 ... March 31, June 9, and July 12, 1988, Volume 4U.S. Government Printing Office, 1989 - 598 pages |
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Common terms and phrases
agree American Arbitration Association arbi arbitration forum arbitration panels arbitration procedures arbitration process arbitration system attorney award BOUCHER broker broker-dealers brokerage firms brokerage houses cash accounts CBOE Chairman claimants claims clients Commission Committee complaints CONGRESS THE LIBRARY contract counsel customer agreement Dean Witter Reynolds decision Director of Arbitration disclosure discovery disputes documents EPPENSTEIN fair Federal Arbitration Act federal court FITZPATRICK fraud going Hammerman hearing investors issue Jarndyce and Jarndyce Joan Hunt Smith judicial KREBSBACH LIBRARY OF CONGRESS litigation margin accounts MARKEY McMahon Merrill Lynch NASAA NASD NYSE Opposes proposed legislative options accounts parties plaintiff predispute arbitration clauses proposed legislative amendment public arbitrators punitive damages question request require RINALDO RUDER rules Section securities arbitration Securities Exchange Act self-regulatory organizations Shearson SICA SRO arbitration SRO's staff statement Subcommittee Supreme Court Testimony of Joan tion voluntary Wilko Written Testimony York Stock Exchange
Popular passages
Page 135 - Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no man alive knows what it means. The parties to it understand it least, but it has been observed that no two Chancery lawyers can talk about it for five minutes without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons...
Page 228 - Any condition, stipulation, or provision binding any person to waive compliance with any provision of this title or of any rule or regulation thereunder, or of any rule of an exchange required thereby shall be void.
Page 231 - A contractual provision specifying in advance the forum in which disputes shall be litigated and the law to be applied is, therefore, an almost indispensable precondition to achievement of the orderliness and predictability essential to any international business transaction.
Page 477 - SECURITIES AND EXCHANGE COMMISSION BEFORE THE SUBCOMMITTEE ON TELECOMMUNICATIONS AND FINANCE OF THE HOUSE COMMITTEE ON ENERGY AND COMMERCE...
Page 35 - US 427 (1953), the Court recognized this basic purpose when it declined to enforce a predispute agreement to compel arbitration of claims under the Securities Act. Following that decision lower courts extended Wilko 's reasoning to claims brought under S10(b) of the Exchange Act, and Congress approved of this extension.
Page 302 - ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
Page 40 - Congress is presumed to be aware of an administrative or judicial interpretation of a statute and to adopt that interpretation when it re-enacts a statute without change . . . .
Page 38 - Gaps in the law must, of course, be filled by judicial construction. But after a statute has been construed, either by this Court or by a consistent course of decision by other federal judges and agencies, it acquires a meaning that should be as clear as if the judicial gloss had been drafted by the Congress itself.
Page 43 - ... delivery, compliance with terms of payment, excuses for non-performance, and the like. It has a place also in the determination of the simpler questions of law — the questions of law which arise out of these daily relations between merchants as to the passage of title, the existence of warranties, or the questions of law which are complementary to the questions of fact which we have just mentioned.
Page 174 - The weaker party, in need of the goods or services, is frequently not in a position to shop around for better terms, either because the author of the standard contract has a monopoly (natural or artificial) or because all competitors use the same clauses. His contractual intention is but a subjection more or less voluntary to terms dictated by the stronger party terms whose consequences are often understood in a vague way, if at all.