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Archived articles from January 2011
21 articles found
IBA Updates Rules on the Taking of Evidence in International Arbitration
By Beth Graham - January 31, 2011
On May 29, 2010, the International Bar Association (IBA) Council adopted new Rules on the Taking of Evidence in International Arbitration. The new Rules, developed by a Subcommittee comprised of 22 practitioners from a wide variety of legal systems, reflect the first amendments since 1999. The revised rules apply to any agreement to use the IBA Rules made after May 29, 2010. According to the January 18, 2011 American Bar Association Section of In
Article | Revelation and Reaction: The Struggle to Shape American Arbitration
By Beth Graham - January 28, 2011
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape
Managing Conflict in Hospitals
By Holly Hayes - January 27, 2011
by Holly Hayes The Joint Commission Journal on Quality and Patient Safety published a two-part article in the February 2011 edition entitled “A Strategic Approach for Managing Conflict in Hospitals: Responding to the Joint Commission Leadership Standard.” The articles by Charity Scott and Debra Gerardi were published as Part 1 and Part 2. Part 1 begins by reviewing Conflict Management Standard LD.01.03.01 which states, “The governing
S.D. Texas Sends Case Removed Under 9 U.S.C. § 205 Back to State Court
By Beth Graham - January 26, 2011
The Southern District of Texas has remanded a case removed to federal district court pursuant to 9 U.S.C. § 205 because the requirements for allowing a nonsignatory to compel arbitration with a signatory were not satisfied and no other basis for federal jurisdiction existed. In QPro Inc. v. RTD Quality Servs. United States, No. H-09-3904, (S.D. Tex. January 4, 2011), QPro Inc. (“QPro”), a Texas company that performs nondestructive testing and ins
GUEST-POST | Is Arbitration the “New Litigation”?: The Choice is Yours
By Beth Graham - January 25, 2011
by Thomas J. Stipanowich (Editor’s note: An earlier version of this posting was published in the Los Angeles and San Francisco Daily Journals.) “Because of expense and delay, both civil bench trials and civil jury trials are disappearing.” So says a task force co-sponsored by—of all groups—the American College of Trial Lawyers. Litigation often costs so much and takes so long, they acknowledge, that parties nearly always settle or stop suin
Article | United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules
By Beth Graham - January 24, 2011
Earlier this month, Stephen P. Anway, a partner in the Cleveland, OH office of Squire, Sanders & Dempsey, LLP, authored an article which summarizes recent changes to United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The article, entitled United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules, discusses the revisions to the UNCITRAL Arbitration Rules, adopted in 2010. As stat
Indiana Appellate Court Holds FAA Preempts State Discovery Statute
By Beth Graham - January 21, 2011
Disputing would like to thank Paul Lurie, partner at Schiff Hardin, LLP’s Chicago office for bringing In re the Subpoena Issued to Beck’s Superior Hybrids, Inc., No. 29A05-1008-MI-489, (Ind. App. January 12, 2011) to our attention. In the case, the Court of Appeals of Indiana held that Section 7 of the Federal Arbitration Act (“FAA”) preempted an Indiana discovery statute. Here are the facts: In 2002, Monsanto Company and Monsanto Tec
Communication Training in the OR Setting
By Holly Hayes - January 20, 2011
by Holly Hayes The Association of periOperative Registered Nurses (AORN) published an article in their December journal titled, “Enhancing Communication in Surgery Through Team Training Interventions: A Systematic Literature Review.” The article quotes The Joint Commission’s (TJC) October 2007 Sentinel Events Statistics which stated communication failure was the root cause of approximately 70% of healthcare sentinel events. The
Texas Supreme Court to Hear Interlocutory Appeal of an Arbitral Order
By Beth Graham - January 19, 2011
On January 11th, the Supreme Court of Texas agreed to hear CMH Homes, Inc. et al. v. Perez, No. 10-0688. In the case, a dispute between a creditor and a purchaser of a mobile home arose. After both parties agreed their dispute was subject to arbitration under the Federal Arbitration Act, a trial court signed an order compelling arbitration and appointing an arbitrator over CMH Homes’ objections that such an appointment was premature. CMH Ho
CLE Teleconference – The Future of Mandatory Arbitration
By Beth Graham - January 18, 2011
Mark your calendars! The ABA Section of Dispute Resolution presents The Future of Mandatory Arbitration: A Conversation About Dodd-Frank and the Arbitration Fairness Act. The live teleconference will be held on Tuesday, February 8, 2011 from 12:00 – 1:15 pm EST. According to the brochure, Last year Congress passed Dodd-Frank, a bill that ushered in sweeping reform in the financial services industry. This bill directs the SEC to decide whether or
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