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Archived articles from July 2011
18 articles found
International Arbitration | ALM’s 2011 Arbitration Scorecard
By Victoria VanBuren - July 15, 2011
The American Lawyer has just released its 2011 Arbitration Scorecard survey. The full survey contains details of 261 international arbitration disputes during 2009-2010 including 65 contract and 48 investment arbitrations in which at least $1 billion was at stake. The full survey is available here. Technorati Tags: law, ADR, arbitration
International Arbitration and Cycling | The Straight Dope
By Victoria VanBuren - July 13, 2011
The historic Tour de France began on Saturday with perhaps the most attention on doping in the event’s history. Currently, three-time champion Alberto Contador still awaits judgment from the Court of Arbitration for Sports (CAS) on an appeal from a failed drug test last year. It is expected, then, that the race will start without a judgment yet to be had, thereby shrouding the whole race in a mess of doping controversy and international arbitrati
U.S. Arbitration and Mediation Legislative Update | July 2011
By Victoria VanBuren - July 12, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
Jury Reaches Verdict in Jamie Leigh Jones v Halliburton/KBR
By Victoria VanBuren - July 9, 2011
On July 8, 2011, the jury in the US District Court for the Southern District of Texas reached its verdict in the case of Jamie Leigh Jones v Halliburton Co. Charles Botz did not rape Jamie Leigh Jones on or around July 27, 2005; KBR did not commit fraud against Jamie Leigh Jones by inducing her to enter into the employment contract.
Are Mediated Settlement Agreements Enforceable in Texas?
By Victoria VanBuren - July 8, 2011
By Brett Goodman The background rule for enforceability of mediated settlement agreements, as described in the Texas ADR Act, provides that the settlement agreement is enforceable as any other contract, and the court may incorporate the terms of the settlement agreement into the court’s final decree. See Tex. Civ. Prac. & Rem. Code Ann. § 154.071. Although the settlement agreement arises from the suit, enforcement of a mediation agreement, ev
Texas Arbitration and Mediation Legislative Update | July 2011
By Holly Hayes - July 7, 2011
The following bills relating to alternative dispute resolution and health care were introduced by the 82nd Texas legislative session. The last day of the regular session was 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. I. ADR Bills that Passed SB 1216 provides that a court “may order arbitration only if the court determines that the contract containing the agr
GUEST-POST | Texas Court of Appeals Vacates $22 Million Dollar Arbitration Award Due to Failure to Disclose Social Contacts by Arbitrator
By Victoria VanBuren - July 6, 2011
By Glen M. Wilkerson The facts and holdings in Karlseng v. Cooke, Tex. App. – – Dallas, June 28, 2011 (Cause # 05-09-01002-CV) are instructive technically in ethics, in the law of “evident partiality” in arbitration law, and as an illustration how influence is peddled sub rosa through out judicial / legal system. What is alarming is that this case shows how the Rule of Law with a relatively non-partisan decision maker is ultimately fr
Second Circuit Remands Fensterstock v. Education Finance Partners
By Victoria VanBuren - July 5, 2011
On June 30, 2011, the U.S. Court of Appeals for the Second Circuit remanded Fensterstock v. Education Finance Partners for initial consideration of the arbitration issues. Fensterstock involves a class-action and class-arbitration waiver provision in a promissory note of a law student loan. Read more here. Following is the summary order: In Fensterstock v. Education Finance Partners, 611 F.3d 124 (2d Cir. 2010) (“Fensterstock II“), va
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