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Archived articles from 2011
254 articles found
Disputing Welcomes the ‘Caucus On Mediation’ Blog
By Victoria VanBuren - July 20, 2011
We would like to welcome the Caucus On Mediation Blog to the ADR blogosphere. The blog is hosted by Corrado Mora, an attorney and mediator from Verona, Italy. Caucus On Mediation is a collection of “private sessions” with well known professionals from the negotiation and mediation world. Check out their July 14th post here. We look forward to reading more of your posts, Corrado. The Disputing Team
Recent Developments in International Arbitration | July 2011
By Victoria VanBuren - July 19, 2011
We thought that you might find interesting the following recent developments in international arbitration published by the International Law Office service: Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Court changes jurisdiction on preclusion in enforcement proceedings France: Dallah
Texas Court of Appeals Denies Vacatur and Confirms Arbitration Award
By Victoria VanBuren - July 18, 2011
By Brett Goodman The Court of Appeals of Texas in Amarillo has affirmed a lower court’s decision to deny a motion to vacate an arbitration award. In Denver City Energy Associates, L.P. v. Golden Spread Elec. Co-op., Inc. 340 S.W.3d 538 (Tex. App.–Amarillo 2011, no pet.) Denver City Energy Associates (Denver City) appealed the decision to confirm an arbitrator’s award in favor of Golden Spread Electric Generating Cooperative, Inc. (GS Genera
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
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