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Archived articles from March 2010
22 articles found
International Arbitration: ICC Releases Arbitrators’ Award Checklist
By Victoria VanBuren - March 31, 2010
The International Chamber of Commerce (ICC) released recently a new checklist to guide arbitrators writing awards. Here is the press release: New aid for drafting awards in ICC cases February 2010 As part of its ongoing drive to improve efficiency, the ICC International Court of Arbitration has issued a checklist for drafting ICC arbitral awards. The two-page document may be a helpful memory jog for ICC arbitrators when preparing their awards for
Recent Developments in Arbitration Unconscionability
By Victoria VanBuren - March 30, 2010
As the U.S. Supreme Court prepares to decide Rent-A-Center v. Jackson, we thought that you might find interesting to read the following blog posts and articles relating to the issue of arbitration unconscionability: Who gets to Decide Unconscionability?, Andrea Schneider, ADR Prof Blog (March 4, 2010) Thankful for Unanswered Prayers? Unconscionability Equilibrium, Don Philbin, Alternative Resolutions Newsletter, page 30 (Winter 2010) Unconscionab
ABA 2010 Winners of Mediation Video Contest on YouTube: Honorable Mention (1)
By Victoria VanBuren - March 29, 2010
The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. An Honorable Mention Winner was Mediation: Everyone’s a Winner! submitted by: Paul Torio, Neil Estaris, Reginald Estaris, Arleen Joy Reyes. Check it out: Stay tuned to Disputing for more Honorable Mention Winners! Technorati Tags: ADR, law, arbitration
Texas Supreme Court Clarifies Appeals Under the Texas Arbitration Act
By Victoria VanBuren - March 26, 2010
The Texas Supreme Court held that the Texas General Arbitration Act (TAA) allows an appeal from a trial court’s order that denies confirmation of an arbitration award and instead, vacates the award and directs that the dispute be arbitrated anew. Justice Hecht delivered the opinion of the court, in which Justice O’Neill, Justice Wainwright, Justice Johnson, Justice Willett, and Justice Guzman joined. Justice Willett filed a concurring opinion. Ch
Can Conflict Resolution Skills Help Risk Managers and Physicians Disclose Medical Errors?
By Holly Hayes - March 25, 2010
By Holly Hayes A new study published in the March edition of the Joint Commission Journal on Quality and Patient Safety (the full article is available for purchase here) and reported on American Medical News (available here) found that physicians are less likely than risk managers to tell patients when a medical error occurs. Physicians, however, are more likely to use the word “error” in describing the event and are quicker to say, &
Jones v. Halliburton: Halliburton and KBR Withdraw U.S. Supreme Court Appeal
By Victoria VanBuren - March 24, 2010
The Houston Chronicle reports on Halliburton and KBR’s appeal of the recent Fifth Circuit decision in Jones v. Halliburton, 583 F.3d 228 (5th Cir. 2009) : Halliburton, KBR drop court appeal in rape case By RAMIT PLUSHNICK-MASTI Associated Press Writer © 2010 The Associated Press March 22, 2010, 5:09PM HOUSTON — Halliburton Co. and KBR Inc. have withdrawn an appeal asking the U.S. Supreme Court to block a lawsuit by a former military contrac
Harvard Law Professor Speaks on Health Care Negotiations
By Victoria VanBuren - March 23, 2010
By Holly Hayes Robert Bordone, Clinical Professor of Law and Director of the Harvard Negotiation and Mediation Clinical Program at Harvard Law School and co-editor of the widely used book “The Handbook of Dispute Resolution” discusses mistakes in the health care reform debate that could have been avoided by a better negotiation process in two interviews posted below. Watch the interview with Harvard Law Online: See this interview with
ABA 2010 Winners of Mediation Video Contest on YouTube: Second Prize Winner
By Victoria VanBuren - March 22, 2010
The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. The Second Prize Winner was “Mediation: A Better Way to Resolve Disputes” submitted by: Kristie Giaimo, Sue Ritter, Ian Long, Melissa Guise, Linda Hartman, Michael Reed, Jeff Bowen, Reed Stewart. Check it out! Stay tuned to Disputing for the Honorable Mention Winners! Technorati Tags: ADR, law, arbitration
Should you Include a Binding Arbitration Clause in an Attorney-Client Engagement Agreement?
By Victoria VanBuren - March 19, 2010
As more cases involving arbitration between a lawyer and client make their way through the courts, we question if it is a good idea to include arbitration clauses in retainer agreements. Last year, the Honorable Bea Ann Smith, Charles F. Herring Jr., and Karl Bayer presented that topic at a Texas Bar CLE Webcast (available here). Any thoughts? Related Posts: Texas Appellate Court Enforces Attorney-Client Arbitration Agreement (March 11, 2010) Fif
Texas Bar Journal: Internet Jurisdiction Makes Life Interesting
By Victoria VanBuren - March 18, 2010
Texas Bar Journal March 2010 | Volume 73, 3 Blogging and social networking sites such as Facebook and Twitter have quickly become a part of our daily lives. This month, the Texas Bar Journal examines the role social media is playing in a changing legal landscape. In this issue, you can find ways to effectively utilize social media in your law practice while ensuring you comport with the ethical rules that guide the legal profession. This issue fe
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