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Archived articles from August 2011
20 articles found
Recent Developments in International Arbitration | August, 2011
By Victoria VanBuren - August 17, 2011
We thought that you might find interesting the following recent developments in international arbitration published by the International Law Office service: Brazil: What constitutes a domestic arbitral award? Greece: Enforcing interest claims in arbitration India: Court implies exclusion of Part I of Arbitration Act in favour of alternative law Malaysia: Court rules on importance of maintaining arbitral panel members Mexico : New bill disregards
American Bar Association Blawg 100 Amici
By Victoria VanBuren - August 15, 2011
It is time to vote for your favorite blawgs! Following find the American Bar Association announcement and instructions. We’re working on our annual list of the 100 best legal blogs, and we’d like your advice on which blawgs you think we should include. Use the form below to tell us about a blawg—not your own—that you read regularly and think other lawyers should know about. Or if you don’t have particular blawgs in mind but thin
New York Legislature Considers Adding Bias Ground for Vacation of Arbitral Awards
By Victoria VanBuren - August 11, 2011
As reported by the ADR Prof, the New York legislature is considering a bill (S. 5798-2011) that would amend New York’s Civil Practice Law & Rules §7511(b)(1)(ii) on Award vacaturs to state (new language in ALL CAPS): (ii) partiality of an arbitrator appointed as a neutral, except where the award was by confession; OR WHERE THE ARBITRATOR HAS BEEN AFFILIATED IN ANY WAY WITH ANY PARTY TO THE ARBITRATION, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES
Report: Advancing Alternative Dispute Resolution in the New Mexico Judiciary
By Victoria VanBuren - August 10, 2011
The National Center for State Courts released recently Advancing Dispute Resolution in the New Mexico Judiciary. The report addresses 10 recommendations for New Mexico’s ADR program: Create and Permanently Staff a Supreme Court ADR Commission Leverage Court Programs through Collaboration with Other NM Organizations Maximize Internal Court System Resources to Enhance ADR Programs Structure New and Expanded ADR Initiatives in Phases and Pilot
Call for Papers: AALS Section on Alternative Dispute Resolution | Deadline: September 1, 2011
By Victoria VanBuren - August 9, 2011
The announcement below is a call for papers for a panel discussion hosted by the Association of American Law Schools (“AALS”): In connection with the 2012 Annual Meeting of the Association of American Law Schools in Washington, D.C., the AALS Section on Alternative Dispute Resolution will be sponsoring a panel discussion on “The Supreme Court and the Future of Arbitration.” Over the past twenty five years, the range of disputes subjec
Plaintiff Sues Arbitrator and the American Arbitration Association for Due Process
By Victoria VanBuren - August 8, 2011
As discussed in Lexology, a plaintiff filed a suit in federal court against the American Arbitration Association (“AAA”), the Arbitrator, and two employees of the AAA alleging that his due process rights were violated during the underlying arbitration proceedings. The court dismissed the action, concluding that the arbitral immunity set out in the Nevada’s Uniform Arbitration Act Section 38.229 protected the defendants against t
U.S. Arbitration and Mediation Update | August, 2011
By Victoria VanBuren - August 5, 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
Mediation and Legal Malpractice
By Victoria VanBuren - August 3, 2011
By Brett Goodman In Texas, only a few cases have come out of the last decade concerning legal malpractice as relating to mediation. In Lehrer v. Zwernemann, after being unsatisfied with the work of the two attorneys he hired in a divorce proceeding, Lehrer sued two attorneys for malpractice. See Lehrer v. Zwernemann, 14 S.W.3d 775, 776 (Tex. App. – Hous. [1st Dist.] 2000, pet. denied). This subsequent suit went to mediation, but Lehrer again unsa
ABA 9th Annual Advanced Mediation and Advocacy Skills Training Institute | San Diego, Nov 03, 2011
By Victoria VanBuren - August 2, 2011
Need CLE credits? Mark your calendars! ABA will host its 9th Annual Advanced Mediation and Advocacy Skills Training course in San Diego, California on Nov. 3-4, 2011. The course was designed for mediators, litigators, judges, and in-house counsel. The 9th Annual Mediation and Advocacy Skills Institute topics will include: Preparing for mediation Maximizing the Joint Opening Session Ethical Issues Negotiating in the Caucus Stage Breaking Impasse D
Texas Court of Appeals Rejects Evident Partiality and Excess of Powers Challenges and Confirms Arbitration Award
By Victoria VanBuren - August 1, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has affirmed the decision of a trial court that confirmed an arbitration award ordering appellants take nothing from appellees. In Skidmore Energy, Inc. v. Maxus (U.S.) Exploration Co., (Tex. App. — Dallas July 12, 2011, no. pet. ) Skidmore Energy Inc. contended that the trial court erred confirming the arbitration award that they take nothing from Maxus (U.S.) Exploration Company. The two
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