Menu
Archived articles from 2011
254 articles found
Public Citizen Petitions Starbucks to Remove Pre-Dispute Arbitration Clause from Gift Cards
By Victoria VanBuren - December 16, 2011
In November, consumer advocate group Public Citizen petitioned Starbucks to revise its Gift Cards Terms of Service. Public Citizen’s letter to Starbucks says that terms of service on Starbucks gift cards make customers settle any legal claims that may arise when using the cards in a private arbitration rather than a court of law. The terms also ban class actions. Public Citizen is asking Starbucks to amend the terms of use on the gift cards
NY Court of Appeals Rules on Federal Evident Partiality Standard and Confims Arbitration Award
By Victoria VanBuren - December 15, 2011
The New York Court of Appeals affirmed an arbitration award arising out of a breach of contract dispute. See U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. 2011 NY Slip Op 8179 (N.Y. Nov. 15, 2011). In the present case, United States Electronics, Inc. (“USE”) sought to vacate an arbitration award in favor of Sirius Satellite Radio, Inc. (“Sirius”). USE claimed that the chairman of the arbitration panel’s son, a mem
TI Pneumotive Files Petition on Arbitration Waiver
By Victoria VanBuren - December 14, 2011
In November, TI Pneumotive, Inc., filed a petition for certiorari in the case TI Pneumotive, Inc. a/k/a Thomas Industries v. Ecological Tanks, 2011-1159 (La. 9/2/11), 68 So.3d 519, 2011. The questions presented are: Whether the Louisiana Supreme Court and lower courts have erred in interpreting Howsam v. Dean Witter Reynolds, Inc ., 536 U.S. 985 (U.S. 2002) to find that it is the province of the arbitrator to decide whether a party has waived its
Indiana Court of Appeals Denies Motion to Compel Arbitration Because Arbitration Firm is no Longer Available
By Victoria VanBuren - December 13, 2011
In Geneva-Roth Capital, Inc. v. Edwards, 956 N.E.2d 1195 (Ind. Ct. App. Nov. 16, 2011) the Indiana Court of Appeals held that when the parties to an arbitration agreement select a specific arbitrator, and that arbitrator is no longer available, the arbitration agreement is null and void on grounds of impossibility. In the present case, Akeala Edwards filed a class action suit on behalf of herself and a purported class of Indiana residents who obt
GUEST-POST PART II | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 12, 2011
By S.I. Strong Some interesting new arguments found their way into the dissenting opinion. For example, the dissent considered how mass claims are treated under various United Nations mass claims processes, claiming that these processes are analogous to ICSID arbitrations. See Award dated October 28, 2011, ¶¶ 176-81. This is an interesting proposition that bears closer analysis, since there are likely a variety of ways that the Permanent Court of
GUEST-POST PART I | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 9, 2011
By S.I. Strong On October 28, 2011, a dissenting opinion regarding the preliminary decision on jurisdiction and admissibility was issued in the ground-breaking case of Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5 (available here ). The majority award was issued on August 4, 2011 (available here ) and was discussed on this blog here. The majority decision was remarkable in that it constituted the first time that an arb
Transformative Mediation: A Sourcebook
By Victoria VanBuren - December 8, 2011
We recently came across Transformative Mediation: A Sourcebook – Resources for Conflict Intervention Practitioners and Programs published by the Institute for the Study of Conflict Transformation. The Sourcebook summarizes the principles and practices upon which transformative mediation is based, and offers helpful examples of the application of transformative mediation in widely varying contexts including family and elder conflicts, workplace di
PRIME Finance Disputes Centre | New International Arbitration Institution Set to Open in Early 2012
By Victoria VanBuren - December 7, 2011
Based in The Hague, Netherlands, the PRIME Finance Disputes Centre will launch its alternative dispute resolution services at the beginning of 2012. Its goal is to provide, promote, enable and support alternative dispute resolution, with its main focus on disputes concerning complex financial products, such as derivatives. Its panel of experts includes some of the most eminent financial and alternative dispute resolution experts in the world. The
New York State Bar Association | Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase
By Victoria VanBuren - December 6, 2011
Our friend John Wilkinson alerted us of that the ADR Section of the New York State Bar Association was combining into a single attractive booklet its April 2009 Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of Domestic Commercial Arbitrations and its November 2010 Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of International Arbitrations. The booklet just came out and you may download the pdf ver
Fifth Circuit Compels Non-Signatory to Arbitrate
By Victoria VanBuren - December 5, 2011
In Blaustein v. Huete, No.11-30057 (5th Cir. La. Oct. 26, 2011) Burt David Huete along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with their application for a provisional patent for a wireless tracking device they had invented. SPL retained Timothy and Christopher Maier of Maier & Maier, P.L.L.C. (“the Maiers”) to prepare the patent application. Maier’s representation agree
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy