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Archived articles from May 2011
23 articles found
FINRA Announces Arbitration Motion Practice Rule
By Victoria VanBuren - May 31, 2011
Effective June 6, 2011, under FINRA rules, a moving party will have a five-day period to reply to a response to a motion. According to FINRA, “this five-day period gives parties an opportunity to brief fully the issues in dispute, and ensure that arbitrators deciding a motion have all the motion papers before issuing a final decision.” FINRA’s press release is here. Technorati Tags: law, ADR, arbitration
ALI-ABA Webinar | AT&T Mobility v Concepcion – What It Means for Class Actions and Arbitration, June 1, 2011
By Victoria VanBuren - May 30, 2011
Mark your calendars! our blog contributor professor S.I. Strong, will be hosting the live Webcast AT&T Mobility v. Conception: What It Means for Class Actions and Arbitration on June 1, 2011 at 12:30 pm – 1:30 pm EDT. Here is the course description: Taught by Elyse D. Echtman, Jennifer L. Young and S.I. Strong, this session provides insights on Concepcion from both the plaintiffs’ and the defendants’ bar, as well as the views of one of
In Texas, Can a Court Refer my Case to Mediation?
By Victoria VanBuren - May 27, 2011
By Brett Goodman Under the Texas ADR Act, by either the motion of the court or a party, a pending dispute may be referred to mediation except when that dispute is subject to the Federal Arbitration Act. In this referral, an “impartial third party” must be appointed to mediate. To qualify for an appointment as an impartial third party, a person must have completed a minimum of forty hours of training in dispute resolution techniques in a course co
Karl Bayer Welcomes Its 2011 Summer Interns
By Victoria VanBuren - May 26, 2011
The team at Karl Bayer, Dispute Resolution Expert is pleased to announce that we will be joined this summer by two law students: Renee Kolar. Renee is a J.D. candidate at The University of Texas School of Law. She holds an undergraduate degree in translation (Spanish, French, English) from a French University. Her experience living abroad and studying translation taught her that often times misunderstandings between people arise not just from the
GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 26, 2011
By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.
GUEST-POST PART II | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 25, 2011
By S.I. Strong In an opinion that was seen as a victory for corporate America, the Supreme Court upheld the waiver on the grounds that the California law was inconsistent with the FAA. As a result, the Concepcions could not initiate class proceedings and were required to have their dispute heard in individual arbitration. On its face, the opinion presents itself as a run-of-the-mill statutory analysis. However, the underlying sense is that the ju
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 24, 2011
By S.I. Strong AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), always promised to be an interesting case. Not only did the dispute concern class arbitration, one of the most controversial procedural devices to develop in recent years, it did so in a way that set corporate interests squarely against states’ rights. Given that several Supreme Court Justices who are perceived as supporting big business also appear to favor federalist cau
Texas Arbitration and Mediation Legislative Update | May, 2011
By Holly Hayes - May 23, 2011
The following bills relating to alternative dispute resolution were introduced by the 82nd Texas legislative session. The last day of the regular session will be Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. Stay tuned to Disputing for more legislative updates! SB 1216 provides that a court “may order arbitration only if the court determines that the contract c
24th Annual Summer Professional Skills Program in Dispute Resolution | June 23-25, 2011
By Victoria VanBuren - May 19, 2011
Looking for a summer course in dispute resolution? Look no more! the Straus Institute for Dispute Resolution will be hosting its 24th Annual Professional Skills Program on June 23-25, 2011 in Malibu, California. Don Philbin, our friend and long time contributor to this blog and Doug Noll will be presenting “Preventing Bad Settlement Decisions and Impasse Using Brain Science, Game Theory, Animated Communication, and Micro-Interventions.” The descr
World Intellectual Property Organization 2010 Report | Cybersquatting Hits Record Level
By Victoria VanBuren - May 18, 2011
The World Intellectual Property Organization (WIPO) recently announced that the number of cybersquatting cases has reached an all time high. According to the report, in 2010, trademark holders filed 2,696 cybersquatting cases relating to some 4,370 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under the Uniform Domain Name Dispute Resolution Policy (UDRP). the UDRP has become accepted as an international standard for r
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