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Archived articles from 2009
224 articles found
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In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its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.
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
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