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Archived articles from June 2009
23 articles found
ABA – CLE on July 14 | Deal or No Deal: Improving the Odds of Successful Mediation
By Victoria VanBuren - June 30, 2009
Need CLE Credits? Mark your calendars! The American Bar Association Section of Litigation will hold a live teleconference and webcast on July 14, 2009 titled “Deal or No Deal: Improving the Odds of Successful Mediation.” Reinsurance and Insurance expert Katherine Billingham from KB ReSolutions, Inc. and Randall Kiser from DecisionSet will present at the event. Randall’s article Lets Not Make a Deal: An Empirical Study of Decisio
Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’
By Holly Hayes - June 29, 2009
By Holly Hayes Texas House Bill 2256 was signed into law on June 19, 2009 and is effective immediately. The bill provides a procedure for mediation of out-of-network health benefit claim disputes. The law now gives patients the option to mediate when they are “balance-billed” by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, and neonatologists. Balance billing
Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083
By Victoria VanBuren - June 26, 2009
On June 19, 2009, Texas House Bill 1083 was signed into law.The new provision, effective immediately, prevents courts from ordering mediation in cases subject to the Federal Arbitration Act (excepting cases where the parties have agreed otherwise).The bill, which passed both the House and the Senate without amendment, applies to all actions commencing on or after June 19th. What does this mean for future Texas cases involving the FAA?Fewer
The LinkedIn Commercial and Industry Arbitration and Mediation Group is Now 154 Members Strong!
By Victoria VanBuren - June 25, 2009
On May 21, 2009 the Loree Reinsurance and Arbitration Law Forum and Disputing announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group. We are pleased to share with you that the group has since grown to 154 members. Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members. It is a
Texas Federal Court Finds Blockbuster’s Online User Agreement ‘Illusory’ and Denies Motion to Compel Arbitration
By Victoria VanBuren - June 24, 2009
[Ed. note: This case is a bit old, but an important one. It somehow got lost in the pile of papers sitting on my desk. Thanks to San Antonio arbitrator and mediator Don Philbin for bringing this case to our attention back in April. ] The United States District Court for the Northern District of Texas held that an arbitration clause in Blockbuster’s Online User Agreement is illusory, thus, unenforceable and denied Blockbuster’s motion
U.S. Dispute Resolution Legislation: Update
By Victoria VanBuren - June 23, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandat
Fifth Circuit Confirms International Commercial Arbitration Award
By Victoria VanBuren - June 22, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its powers and affirmed the confirmation of the arbitral award. Retired United States Supreme Court Justice Sandra Day O’Connor sat by designation with Circuit Judges Wiener and Stewart. In Saipem America v. Wellington Underwriting Agencies Limited, No. 08-20247 (5th. Cir.
Kluwer Arbitration: The Case for Publication of Arbitral Awards
By Victoria VanBuren - June 19, 2009
The Kluwer Arbitration Blog had a recent post discussing the the issue of whether international arbitral awards should be published. As this parallels the arguments we find in U.S. arbitration, we thought you might be interested in reading it. The authors, Alexis Mourre and Alexandre Vagenheim, elaborate on the following questions: 1. Is Arbitral Jurisprudence anything more than a myth? 2. How does persuasiveness of past awards operate? 3. Is Pre
WIPO Arbitration and Mediation Center: Blackberry Wins 101 Disputed Domain Names
By Victoria VanBuren - June 18, 2009
Recently, a panel at the World Intellectual Property Organization (WIPO) granted Research in Motion 101 disputed domain names. In Research in Motion Limited v. Georges Elias, WIPO Case No. D2009-0218, the Complainant is Research in Motion, the owner of the registered marks for BLACKBERRY (U.S. and Canada) and BERRY (Hong Kong). Respondent is Georges Elias, who registered the disputed 111 domain names with GoDaddy.com. The panel applied the follow
National Arbitration Forum’s Response to NPR Arbitration Story
By Victoria VanBuren - June 17, 2009
In response to the National Public Radio (NPR) story blogged here, Forthright, the administrator for the National Arbitration Forum sent this letter to NPR (link to pdf here). In the letter, Forthright’s CEO addresses the issues of: consumer outcomes in arbitration, claims by former arbitrator Elizabeth Bartholet, and the benefits of arbitration. Thanks to Forthright for sending us the letter and allowing us to share it with our readers.
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