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Archived articles from 2008
20 articles found
Dead? Alive? Matter of Opinion?
By Karl Bayer - December 4, 2008
Hall Street and its progeny may have killed “manifest disregard” but the Second Circuit could have just resuscitated it; well, if you consider zombies as resuscitated beings. In Stolt-Nielsen SA v. Animalfeeds Int’l Corp., the Second Circuit held a court may still review whether an arbitrator manifestly disregarded the law, within Section 10 of the FAA. So is manifest disregard still a standard to be followed by the courts? It appears that if you
We Shall Not Waiver
By Karl Bayer - November 5, 2008
Perry Homes has once again been applied to describe what constitutes an arbitration waiver, except this time no waiver was found. As we have mentioned before in While We Were Out, a post from May, waiver is hard to come by in a Texas Supreme Court opinion. Perry Homes could have moved us into a parallel universe in which claiming waiver of arbitration is a winning argument. But those who criticized the opinion knew we would be making no such move
Net Neutrality & Your Vote
By Karl Bayer - November 3, 2008
Tomorrow is November 4th. Many have voted early, and more have not yet voted. This post goes out to the undecided voters out there (although, I have no idea how you are still undecided), as well as the open-minded decided ones. This is the most important issue for me in the upcoming election, and the candidates have very different perspectives on it. First, let’s all agree how vital the internet is to modern culture. I don’t think I&#
Apple and Psystar Agree to Private Mediation
By Karl Bayer - October 18, 2008
Apple and Psystar have agreed to a private ADR session to attempt a resolution to the ongoing lawsuit filed by Apple. It appears they opted out of the court-provided ADR options for a private mediation service. Psystar is a Florida corporation that has received some level of attention over a recent website that sold custom-built computers with Apple’s OS X operating system installed. Such setups, PCs running Macintosh operating systems, are
“Emergency Measures” Enacted During an Economic Crisis Have Lasting Legal Ramifications
By Karl Bayer - October 10, 2008
[Ed: On the cusp of what looks to be yet another long weekend on Wall Street, this cautionary tale by Chandra.] After enacting policies to stem the economic crisis of 2000-2002, Argentina is locked in multiple arbitrations with foreign investors who were hurt by the government’s actions, which included freezing foreign assets and prices. Most of these disputes revolve around claims that Argentina’s government violated the terms of the US-Argentin
Arbitration May Have the Last Word in Contentious Illegal Immigration Case
By Karl Bayer - October 7, 2008
Immigration is a hot topic in today’s global economy as travel becomes cheaper and labor markets become more fluid. However, the rules of immigration can be tricky and, in some cases, contradictory. For instance, in the U.S., the Ninth and Second Circuit Courts of Appeals gave two different rulings on the same issue. In the case of Orozco vs. Mukasey, the Ninth Circuit Court of Appeals found that, “a person who obtains entry into the United State
It’ll just take a minute!
By Karl Bayer - October 6, 2008
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Arbitrating With Your Client?
By Karl Bayer - July 28, 2008
My good friend Dicky Hile has been studying the ethics of arbitration provisions in attorney-client contracts for some time. He recently put down his thoughts and was kind enough to send us his paper. My personal viewpoint is that it is almost impossible to make these ethical, and their enforceability is still very much in doubt.
Professor Alan Scott Rau Responds to Hall Street v. Mattel
By Rob Hargrove - June 9, 2008
Professor Alan Scott Rau sent the following comments to Karl in response to our thoughts about his recent article on Hall Street v. Mattel. They are helpful, and they raise a question for our readers, that is, for lawyers in the trenches in Texas. The [unedited] comments follow: Two points, one small, one rather larger: I’m not entirely sure that parties do still have the option of using arbitration to generate “an agreed statement of
Professor Alan Scott Rau Gives Justice Souter a C-minus
By Rob Hargrove - June 5, 2008
A couple weeks ago, Prof. Rau over at the law school (with whom Karl has co-spoken about arbitration at a number of CLE programs) sent us a copy of his recent dissection of the Hall Street vs. Mattel Supreme Court opinion (link is to .pdf file), about which we blogged when it came out. The Professor, ahem, is not impressed with either the result or the handiwork: What truly appalled me about Hall Street, however, is not so much the unfortunate re
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