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Archived articles from 2011
254 articles found
GUEST-POST PART II | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 25, 2011
By S.I. Strong In an opinion that was seen as a victory for corporate America, the Supreme Court upheld the waiver on the grounds that the California law was inconsistent with the FAA. As a result, the Concepcions could not initiate class proceedings and were required to have their dispute heard in individual arbitration. On its face, the opinion presents itself as a run-of-the-mill statutory analysis. However, the underlying sense is that the ju
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 24, 2011
By S.I. Strong AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), always promised to be an interesting case. Not only did the dispute concern class arbitration, one of the most controversial procedural devices to develop in recent years, it did so in a way that set corporate interests squarely against states’ rights. Given that several Supreme Court Justices who are perceived as supporting big business also appear to favor federalist cau
Texas Arbitration and Mediation Legislative Update | May, 2011
By Holly Hayes - May 23, 2011
The following bills relating to alternative dispute resolution were introduced by the 82nd Texas legislative session. The last day of the regular session will be 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. Stay tuned to Disputing for more legislative updates! SB 1216 provides that a court “may order arbitration only if the court determines that the contract c
24th Annual Summer Professional Skills Program in Dispute Resolution | June 23-25, 2011
By Victoria VanBuren - May 19, 2011
Looking for a summer course in dispute resolution? Look no more! the Straus Institute for Dispute Resolution will be hosting its 24th Annual Professional Skills Program on June 23-25, 2011 in Malibu, California. Don Philbin, our friend and long time contributor to this blog and Doug Noll will be presenting “Preventing Bad Settlement Decisions and Impasse Using Brain Science, Game Theory, Animated Communication, and Micro-Interventions.” The descr
World Intellectual Property Organization 2010 Report | Cybersquatting Hits Record Level
By Victoria VanBuren - May 18, 2011
The World Intellectual Property Organization (WIPO) recently announced that the number of cybersquatting cases has reached an all time high. According to the report, in 2010, trademark holders filed 2,696 cybersquatting cases relating to some 4,370 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under the Uniform Domain Name Dispute Resolution Policy (UDRP). the UDRP has become accepted as an international standard for r
U.S. Supreme Court Denies Cert to Arbitration Case
By Victoria VanBuren - May 17, 2011
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. The questions presented to the U.S. Supreme Court were: May a party be compelled
U.S. Congress Introduces the Arbitration Fairness Act of 2011
By Victoria VanBuren - May 16, 2011
As discussed last week, the 112th Congress is now contemplating the Arbitration Fairness Act of 2011. The Senate version was introduced by Sen. Al Franken on May 12, 2011 with 12 co-sponsors. Similarly, Rep. Johnson, Henry C. “Hank,” Jr. introduced the House version with 62 co-sponsors. The Arbitration Fairness Act of 2011 would ban mandatory pre-dispute arbitration clauses in employment, consumer, and civil rights cases. Senate versi
Texas Supreme Court Declines to Follow Hall Street in Arbitration Case: Nafta Traders, Inc. v. Quinn
By Victoria VanBuren - May 13, 2011
The Supreme Court of Texas has held that the Texas General Arbitration Act (TAA) allows judicial review of arbitral awards by agreement beyond what the Federal Arbitration Act (FAA) allows. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Lehrmann joined. Chief Justice Jefferson, joined by Justice Wai
Skadden: Standard Arbitration Clauses for the AAA, ICDR and ICC
By Victoria VanBuren - May 12, 2011
Lea Haber Kuck and Julie Bédard from Skadden, Arps, Slate, Meagher & Flom LLP created recently a helpful selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). The clauses have integrated notes with explanations and drafting tips. Read the standard arbitration clauses here. Technorati Tags: law, ADR, ar
ABA Dispute Resolution Magazine | Judicial Mediation and Settlement
By Victoria VanBuren - May 11, 2011
The Winter 2011 edition of the ABA Dispute Resolution Magazine is out! Here is the table of contents: Judges and Settlement: So Little Regulation With So Much at Stake, By John C. Cratsley The Judicially Hosted Settlement Conference—My Case in the Balance: Musings of a Trial Attorney, By Gregory D. Brown Think I Blew It, By Kristena A. LaMar Is a Robe Ever Enough? Judicial Authority and Mediation Skill on Appeal, By Claudia L. Bernard Judge Settl
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