Section Newsletters

Articles From Jon Gilbert

A comment on “gross error” By Jon Gilbert Alternative Dispute Resolution, May 2010 A case decided two years ago by the Illinois Supreme Court may do away with the doctrine of "manifest disregard of the law" as a basis for challenging an award.
Officers’ Column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, April 2010 A description of several important issues currently facing the ADR section.
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, November 2009  The Section Council most recently met on September 19, 2009 at the Chicago Regional Office of the ISBA. 
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, October 2009 A note from the ADR Section officers.
Functus Officio: Arbitration and reconsideration By Jon Gilbert Alternative Dispute Resolution, May 2009 F.R.C.P. 59 and Illinois Code Section 2-1203 are two vehicles by which a judgment may be revisited at the trial level and practitioners are used to relying on these provisions when legal errors present themselves.
Don’t try to settle that case By Jon Gilbert Alternative Dispute Resolution, December 2008 Lawyers engaged in discussions and exchanging correspondence in furtherance of settling a commercial dispute usually assume that they operate within the refuge of Federal Rule of Evidence 408 if something is written or said that shouldn’t have been:
“Gross errors of law” under the Arbitration Act By Jon Gilbert Alternative Dispute Resolution, April 2008 The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
“Evident Partiality” in an arbitration proceeding By Jon Gilbert Alternative Dispute Resolution, October 2007 I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
Vacating an arbitration award: Giving meaning to “undue means” By Jon Gilbert Alternative Dispute Resolution, February 2007 Section 12(a) of the Illinois version of the Uniform Arbitration Act ( 710 ILCS 5/12) sets forth the statutory grounds for attacking and vacating an award.

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