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Archived articles from September 2011

19 articles found

JAMS Launches International Branch

By Victoria VanBuren - September 30, 2011
JAMS, the U.S. arbitration and mediation provider, has launched its international arm and unveiled a panel of more than 40 arbitrators and mediators to handle cross-border disputes. JAMS International is headquartered in London, with additional hearing locations in Amsterdam, Milan, New York, and Rome. For more information, visit the JAMS International website. The press release is here. Technorati Tags: law, ADR, arbitration

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Eleventh Circuit Rules that the Plaintiff’s Act of Amending its Complaint May Allow a Defendant to Resurrect its Previously-Waived Right to Arbitrate

By Victoria VanBuren - September 29, 2011
In Krinsk v. Suntrust Banks, Inc., No. 10-11912 (11th Cir. Sept. 7, 2011) the defendant had participated in the case for nine months without enforcing its right to arbitrate the class action claims. In response to the court’s ruling on the motion to dismiss, the plaintiff amended the complaint and expanded the definition of the putative class from one that covered hundreds of members to one that potentially covered tens of thousands of members. I

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ICC Unveils International Centre for ADR

By Victoria VanBuren - September 28, 2011
The International Chamber of Commerce (“ICC”) announced recently the creation of the ICC International Centre for ADR. Based in Paris, members of the Centre actively participate in a variety of consultancy bodies, including a World Bank advisory group, the International Bar Association task force for investor-state mediation rules, and the Board and Independent Standards Commission of the International Mediation Institute. Read the pr

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SCOTUSblog: Symposium on Arbitration

By Victoria VanBuren - September 27, 2011
We invite you to check out SCOTUSblog Symposium on Arbitration. The blog has featured the following guest-posts: AT&T Mobility and the end of consumer class action through Commerce Clause jurisprudence: Not so fast, Terry Moritz A second, more circumstantial separability doctrine, Thomas Carbonneau Is the Supreme Court demanding enough as it provides incentives for the private funding of a federal small claims court?, Nancy Welsh The third ar

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Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation

By Victoria VanBuren - September 26, 2011
In In the Estate of James H. Rice, No. 10-10-00021-CV (Tex.App.- Waco, Aug. 10, 2011) the court found the appeal was appropriate for mediation and on April 20, 2011, ordered the parties to mediate this case. The mediation took place at the McLennan County Dispute Resolution Center (“DRC”) on June 15, 2011. The court, however, received a letter from DRC dated June 22, 2011 which stated the following: the mediation session ended abruptl

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SEC Commissioner Speaks on Mandatory Arbitration

By Victoria VanBuren - September 22, 2011
Via the Securities Law Prof Blog, we learned of SEC Commissioner’s Elisse B. Walter’s comments on mandatory securities arbitration at the 2011 annual NASAA Conference: Regardless of changes in the relationship between investors and the professionals to whom they turn for advice, disagreements will arise that need to be resolved quickly and fairly. Following the dictates of Dodd-Frank, the SEC intends to thoroughly review the mandatory arbitration

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Ninth Circuit Refuses to Compel Arbitration Because Arbitration Clause Was Not Broad Enough to Cover Dispute

By Victoria VanBuren - September 21, 2011
In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a stranded vessel from a reef. The contract contained the following arbitration clause: Any dispute arising under this Agreement shall be settled by arbitration in London, England, in accordance with the English Arbitration Act 1996 and any amendments thereto, English law and pra

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ICC Releases Its New Arbitration Rules

By Victoria VanBuren - September 20, 2011
The International Chamber of Commerce (“ICC”) released its new Arbitration and ADR Rules on September 12, 2011, in Paris. The Rules, effective on January 1, 2012, address developing issues in international arbitration, such as multiparty contracts and causes of delay and excessive costs. Read the ICC press release here. The Rules may be downloaded here. Technorati Tags: arbitration, ADR, law

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Fifth Circuit Denies Motion to Compel Arbitration in Multi-billion-dollar Ponzi Scheme Case

By Victoria VanBuren - September 19, 2011
In Janvey v. Alguirre, No. 10-10617 (5th Cir. July 22, 2011) the Securities and Exchange Commission (“SEC”) brought suit against the investment company Standford Group Company (“SGC”) and related entities for allegedly perpetrating a massive Ponzi scheme. The U.S. District Court for the Northern District of Texas granted a motion for a preliminary injunction brought by the court appointed receiver for SGC (“Receiver&

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Disputing Welcomes the Blog ‘Annotations’

By Victoria VanBuren - September 16, 2011
We would like to welcome Annotations to the blogosphere. Annotations is a Jones McClure Publishing blog and provides news and commentary about legal developments, with particular focus on Texas and California. Check out TX: Reviewing Arbitration Awards in Texas—Departure from Federal Law (thanks for the cite!). The Disputing Team, Karl Bayer, Alyson Chaky and Victoria VanBuren

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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