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Archived articles from June 2009
23 articles found
U.S. Supreme Court Grants Cert to Stolt-Nielsen: Class Action Arbitration Case
By Victoria VanBuren - June 16, 2009
As posted in our Commercial and Industry Arbitration and Mediation Group on LinkedIn, yesterday the U.S. Supreme Court granted certiorari to Stolt-Nielsen SA v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). The issue to be decided is whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act. You can find background about this important case followin
Texas Supreme Court Rules on Burden of Proof in Arbitration Agreement
By Victoria VanBuren - June 15, 2009
Last Friday, the Texas Supreme Court held that a party challenging a forum-selection clause has the burden of proving the clause is invalid. In In re International Profit Associates, Inc, ___ S.W.3d ___ (Tex. 2009) (Cause No. 08-0531), Riddell Plumbing, Inc. (Riddell) hired International Profit Associates, Inc. (IPA) to provide consulting services. Their contract contains the following forum-selection clause: At [Riddell’s] election, [IPA agrees]
ICC Appoints New Members and Officers for the International Court of Arbitration
By Victoria VanBuren - June 12, 2009
Following is a press release by the International Chamber of Commerce (ICC): The ICC World Council has named 12 new vice presidents and 41 new members to the ICC International Court of Arbitration. The new appointments bring the total number of Court members to 125. The ICC World Council made the appointments at its meeting in Kuala Lumpur on the occasion of the ICC World Chambers Federation Congress in Malaysia. In addition to the new appointmen
Arbitration Myths: Commentary by Federal Judge
By Victoria VanBuren - June 11, 2009
In response to our post about an article titled “Arbitration Myths” published by the National Arbitration Forum, U.S. District Judge W. Royal Furgeson, Jr. sent us the following [unedited] commentary via e-mail: Dear Friends: To say that arbitration awards are “approved” by a court before becoming enforceable gives the impression that a court will actually examine the merits of the arbitrator’s award. Under the Feder
Employment and Consumer Arbitration: NPR Article
By Victoria VanBuren - June 10, 2009
Yesterday, NPR had an interesting article about the controversial issue of mandatory arbitration of claims between businesses and individuals (employees and consumers). First, the article discusses the unfortunate story of a young woman who was allegedly raped by several men while working in Iraq for Halliburton. At issue in her case ( Jones v. Halliburton ) is a motion to compel arbitration of her tort claims filed by Halliburton. The case remai
Arbitration Myths
By Victoria VanBuren - June 9, 2009
[update: see Commentary by Federal Judge about this article here] Ever wonder what are the most common myths about the arbitration process? Below is a discussion of five misconceptions about arbitration from an article by the National Arbitration Forum Blog: Arbitration costs more than court – In most consumer cases filing fees in arbitration are significantly less expensive than the filing fees required in many trial courts. Arbitration fi
Fifth Circuit Confirms Arbitration Award in Employment Case
By Victoria VanBuren - June 8, 2009
In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company did not waive its right to arbitration by participating in administrative proceedings initiated by employee and affirmed the District Court’s confirmation of an arbitration award. In Green v. Service Corporation International, No. 08-20607 (5th Cir. June 2, 2009), Phillip Green was hired by SCI Management, a subsidiary of Service Corporation Internation
The $4.1 Billion Employment Arbitration Award
By Victoria VanBuren - June 7, 2009
[update: the judgment confirming the award in Chester v. iFreedom is here; from Settle It Now] In case you have not heard, a California court has confirmed recently a $4.1 billion award for an employment-related dispute. Following is an AP article from Yahoo Technology News discussing the case. We welcome your commentary! LA judge OKs $4.1 billion award in pay dispute Posted on – Fri Jun 5, 2009 LOS ANGELES – A judge approved a $4.1 b
Texas Legislature Update: Alternative Dispute Resolution Bills
By Victoria VanBuren - June 6, 2009
As previously blogged, the 81st Regular Session of the Texas Legislature adjourned on June 1st. Following is a summary of some bills related to alternative dispute resolution filed during the session. Bills that passed: S.B. 1650, authored by Senator Duncan (R-Lubbock), would grant Texas appellate courts jurisdiction over certain interlocutory appeals arising under the FAA. Here are the bill’s history and analysis. H.B. 1083. The bill, auth
The Texas Legislature Adjourned
By Victoria VanBuren - June 4, 2009
Although the 81st Texas Legislature adjourned Monday night, some speculate that the Governor will call a special session to address legislation to keep five state agencies from shutting down: the Texas Department of Transportation, the Texas Department of Insurance, the Texas Racing Commission, the Texas State Affordable Housing Corp., and the Office of Public Insurance Counsel. As the dust settles, we will comment on the dispute resolution bills
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