Cohen and Wolf Attorneys Cited in Column on Arbitration Clauses and Alternative Dispute Resolution, Connecticut Law Tribune 

Stewart Edelstein, litigation group chair, and Carrie Larson, an associate in the litigation group, were mentioned in a column by mediator and arbitrator Beverly J. Hodgson about arbitration clauses buried in the fine print of vendor contracts. Mr. Edelstein and Ms. Larson represented Mr. Boata in MBNA American Bank N.A. v. Boata, a case which prompted the Connecticut Supreme Court to take a look at a classic situation and found occasion to announce a noteworthy development about the procedural options of those who do not want to arbitrate.

Judge Hodgson writes about the growing practice of vendors of various kinds putting arbitration clauses deep in the fine print of their contracts. Such clauses provide that any dispute about the bill, the service, or "pretty much anything else" must be settled through arbitration, sometimes in a faraway jurisdiction.

Despite Mr. Boata's objection to participating in the arbitration proceedings, the arbitrator proceeded to issue an award against him. After losing his attempt to stop the confirmation of the award at the trial court, Mr. Boata took the matter to Cohen and Wolf. At the Appellate Court, Edelstein and Larson's briefs convinced two of the three panelists that the basic issue - whether both parties really had agreed to arbitrate in the first place - was crucial to the case. On July, 2007, the Supreme Court ruled that the lack of any agreement to arbitrate was an issue preserved by their client's original letter opposing arbitration.

In its ruling, the Supreme Court relied on prior case law, White v. Kampner, regarding the window of opportunity and procedure for challenging arbitration. Mr. Edelstein successfully represented Mr. Kampner in that precedent-setting case involving the arbitration of disputes.

Judge Hodgson writes a monthly column on Alternative Dispute Resolution issues for the Connecticut Law Tribune. "Prevailing Over the Fine Print" appeared on December 24.