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Archived articles from August 2009
20 articles found
Pending Legislation on U.S. Alternative Dispute Resolution: Update
By Victoria VanBuren - August 31, 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 mandatory pr
GUEST-POST: Bad Faith Mandatory Mediation by Software Developer
By Victoria VanBuren - August 28, 2009
By Peter S. Vogel The mandatory mediation provision of the software development agreement seemed like a good idea to me since a mediation conference was required before litigation could be filed. However, it turned out to be a ploy. The California software vendor had a contract for software development for the implementation of a new Enterprise Resource Program (ERP) system for a large company in Mississippi. Unfortunately as things turn out abou
Defense Counsel Journal Article | Trends in Litigating Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards
By Victoria VanBuren - August 27, 2009
The July 2009 issue of the Defense Litigation Journal, published by the International Association of Defense Council had an interesting article: Trends in Litigating Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards, 76 Def. Couns. J. 338 (2009), written by our blog contributor Don Philbin. Check it out. Technorati Tags: ADR, law, arbitration
American Bar Association’s Resolutions on the Arbitration Fairness Act of 2009
By Victoria VanBuren - August 26, 2009
Via the Business Conflict Blog, we learned of the recent ABA Resolutions and Report with respect to the Arbitration Fairness Act of 2009 (for background, click here and here) and its implications to international commercial arbitration. This is the summary: The American Bar Association should support the use of international commercial arbitration and legislation or regulation that recognizes and aids in the enforcement of international commercia
Fifth Circuit Decides on Waiver of Removal Rights Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
By Victoria VanBuren - August 25, 2009
The United States Court of Appeals for the Fifth Circuit held that a contract containing a choice of law and forum clause effectively waives the right to remove to federal court under the New York Convention. In ENSCO International Inc. v. Certain Underwriters at Lloyd’s et. al. (No. 08-10451) (5th Cir. Aug. 12, 2009), plaintiff ENSCO International, Inc. is an offshore drilling oil and gas company and defendants are several insurance underw
Disputing’s 4-Year Anniversary
By Victoria VanBuren - August 24, 2009
We are happy to share with you that our blog Disputing turns four today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Two Law Review Articles have cited Disputing (here and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration Fairness
WIPO Arbitration and Mediation Center: Lacoste v. LaCoste
By Victoria VanBuren - August 21, 2009
A panel at the World Intellectual Property Organization (“WIPO”) decided recently the domain name dispute Lacoste Alligator S.A. v. LaCoste Healing Jewelry, WIPO Case No. D2009-0700. The Complainant is Lacoste Alligator, S.A., a clothing company famous for manufacturing tennis shirts, owner of the word mark LACOSTE (USPTO No. 1947111). Respondent is LaCoste Healing Jewelry, owned by Audrey LaCoste. The disputed domain name is <laco
GUEST-POST: Arbitration Hearing Technology – Using PowerPoint to Streamline the Hearing
By Victoria VanBuren - August 20, 2009
By Peter S. Vogel A software vendor made an arbitration demand that its hospital customer failed to pay thousands of dollars for its annual computer software maintenance support, and the hospital responded that it had terminated the agreements. Sounded like a pretty simple and straight forward dispute. At the preliminary telephone hearing the parties requested two days for the hearing. Discovery ran its normal course and the software vendor claim
Alternative Resolutions Article: Third Party Claims Regarding Arbitration
By Victoria VanBuren - August 19, 2009
Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights and duties of non-signatory parties to an arbitration agreement. Read the full article here. Te
Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case
By Victoria VanBuren - August 18, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration. In El Paso Corporation v. La Comision Ejecutiva, (No. 08-20771) (5th Cir. Aug. 6, 2009), La Comision Ejecutiva Hidroelectrica Del Rio Lempa (“CEL”) is a state-owned utility company in El Salvador and Nejapa Power Company (“NPC”) is a
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