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Archived articles from August 2011
20 articles found
GUEST-POST PART III: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 31, 2011
By S.I. Strong Ultimately, concerns about individual litigation rights did not turn out to be a problem for several reasons. First, the scope of the consent given in the TFA offset any objections from claimants. Second, the homogenous nature of the claims offset any objections from the respondent. Indeed, the tribunal noted that forcing Argentina “to face 60,000 proceedings would be a much bigger challenge to Argentina’s effective defense rights
GUEST-POST PART II: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 30, 2011
By S.I. Strong Another aspect of the consent analysis involved the question of whether this sort of mass claim was permitted under the ICSID Convention and the Argentina-Italy BIT. See id. ¶¶ 467-92. This posed an interesting dilemma, given that both documents are silent on the issue of mass proceedings. Perhaps unsurprisingly, the tribunal’s inquiry was reminiscent of the type of analyses that arise in the class arbitration context with respect
GUEST-POST PART I: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 29, 2011
By S.I. Strong On August 4, 2011, a preliminary award on jurisdiction was rendered in Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5. The nearly 300-page award, which is available here, addresses a number of concerns, such as whether the dispute falls within the scope of the relevant bilateral investment treaty (BIT) and whether the claims are contractual or treaty-based. Many of these issues are not themselves unique,
ABA Article: Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?
By Victoria VanBuren - August 26, 2011
The ABA Section of Litigation published recently Does a Federal Arbitration Privilege Apply in Arbitration Proceedings? The article, written by P.Jean Baker, discusses the federal mediation privilege as well as the federal arbitration privilege. Here is an excerpt: The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings. This article will discuss this recent development, the
Wall Street Journal: Banks Steer Customers to Arbitration and Away From Court After Concepcion
By Victoria VanBuren - August 25, 2011
The Wall Street Journal (WSJ) reports that some banks are embracing mandatory arbitration in consumer contracts on the wake of AT&T v. Concepcion. The WSJ says that now nearly three-quarters of 265 accounts offered by the 10 largest U.S. banks included mandatory arbitration provisions. Read the story here. Related Posts: ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration, Disputing,
Disputing’s 6-Year Anniversary | Aug. 24, 2011
By Victoria VanBuren - August 24, 2011
We are happy to share with you that our blog Disputing turns six today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Four Law Review Articles have cited Disputing (here, here, here , and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration F
Disputing Welcomes the Blog ‘Tips for Young Lawyers’
By Victoria VanBuren - August 23, 2011
We would like to welcome Tips for Young Lawyers to the blogosphere. The blog is hosted by Frank Ramos (pictured right) an attorney from Miami, Florida. As its name suggests, Tips for Young Lawyers provides guidance for young attorneys on everything from litigation and trial, to marketing, leadership, social networking, personal development, and ethics. Check out Preparing for Mediation, posted on August 18th. We look forward to reading more of yo
Jamie Leigh Jones v. Halliburton/KBR | Halliburton/KBR Sues Jones to Recover Attorneys’ Fees and Costs
By Victoria VanBuren - August 22, 2011
On August 17, 2011 the defendants in Jones v. Halliburton et al. filed two motions seeking to recover from Jamie Leigh Jones: (1) an undisclosed amount for attorneys’ fees [update: $2 million] and (2) the costs of the lawsuit [update: $140 K] brought by Jones. Jones had sued the defendants for negligence, negligent undertaking, sexual harassment and hostile environment under Title VII of the Civil rights Act of 1964, breach of contract, fra
JAMS Article Uniform Mediation Act : 10 years later
By Victoria VanBuren - August 19, 2011
JAMS published recently a timely article by Justin Kelly, entitled “The Uniform Mediation Act Turns 10 This Year.” Here is an excerpt: The Uniform Mediation Act, adopted 10 years ago, has provided a clear privilege on mediation communications and in the states where it has been adopted, it has been well received by practitioners, parties and the courts, according to academics and practitioners. The National Conference of Commissioners
ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration
By Victoria VanBuren - August 18, 2011
ABA Journal reports that AT&T filed last week eight lawsuits in federal courts seeking to block customer arbitrations that could prevent a potential merger with T-Mobile. Related Posts: AT&T Sues Customers Who Seek to Block T-Mobile Deal, Reuters (Aug. 17) AT&T Goes After Customers Over T-Mobile Merger Lawsuit, PC Magazine (Aug. 15) LawFirm Says 1,000 Customer Arbitration Cases Files Seeking to Stop AT&T T-Mobile Deal, All Things
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