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Archived articles from 2011
254 articles found
SEC Approves FINRA Plan to Allow All-Public Arbitration Panels
By Beth Graham - February 2, 2011
Yesterday, the Securities and Exchange Commission (SEC) approved a Financial Industry Regulatory Authority (FINRA) plan to provide investor-claimants with an all-public arbitration panel option. According to Investment News, The approval follows a 27-month pilot program during which Finra gave certain investors the choice of eliminating the industry arbitrator on three-person panels and replace the arbitrator with a public panelist. The Dodd-Fran
S.D. of Texas Vacates Arbitral Award Based On Evident Partiality
By Beth Graham - February 2, 2011
The Southern District of Texas has held that an affidavit from a party’s attorney may be considered by a court when deciding a motion to vacate an arbitral award based upon evident partiality. In Dealer Computer Svcs., Inc. v. Michael Motor Co., Inc., No. H-10-2132, (S.D. Tex. December 29, 2010), Dealer Computer Services (Dealer Services) entered into a contract for the purchase of a computer system and service with Michael Motor Company, an auto
Corpus Christi COA Refuses to Compel Arbitration
By Beth Graham - February 1, 2011
The Corpus Christi Court of Appeals has refused to order a dispute to arbitration where a clause in a general partnership agreement provided for mediation. In Appling Farms & Appling Interests, Ltd. v. Turner Mgmt., Inc., No. 13-09-00051-CV, (Tex. App. – Corpus Christi, January 27, 2011), Appling Farms, Appling Interests and Turner Management, entered into a limited partnership agreement to run a fish farm, Lonestar Aquafarms, Ltd., loc
IBA Updates Rules on the Taking of Evidence in International Arbitration
By Beth Graham - January 31, 2011
On May 29, 2010, the International Bar Association (IBA) Council adopted new Rules on the Taking of Evidence in International Arbitration. The new Rules, developed by a Subcommittee comprised of 22 practitioners from a wide variety of legal systems, reflect the first amendments since 1999. The revised rules apply to any agreement to use the IBA Rules made after May 29, 2010. According to the January 18, 2011 American Bar Association Section of In
Article | Revelation and Reaction: The Struggle to Shape American Arbitration
By Beth Graham - January 28, 2011
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape
Managing Conflict in Hospitals
By Holly Hayes - January 27, 2011
by Holly Hayes The Joint Commission Journal on Quality and Patient Safety published a two-part article in the February 2011 edition entitled “A Strategic Approach for Managing Conflict in Hospitals: Responding to the Joint Commission Leadership Standard.” The articles by Charity Scott and Debra Gerardi were published as Part 1 and Part 2. Part 1 begins by reviewing Conflict Management Standard LD.01.03.01 which states, “The governing
S.D. Texas Sends Case Removed Under 9 U.S.C. § 205 Back to State Court
By Beth Graham - January 26, 2011
The Southern District of Texas has remanded a case removed to federal district court pursuant to 9 U.S.C. § 205 because the requirements for allowing a nonsignatory to compel arbitration with a signatory were not satisfied and no other basis for federal jurisdiction existed. In QPro Inc. v. RTD Quality Servs. United States, No. H-09-3904, (S.D. Tex. January 4, 2011), QPro Inc. (“QPro”), a Texas company that performs nondestructive testing and ins
GUEST-POST | Is Arbitration the “New Litigation”?: The Choice is Yours
By Beth Graham - January 25, 2011
by Thomas J. Stipanowich (Editor’s note: An earlier version of this posting was published in the Los Angeles and San Francisco Daily Journals.) “Because of expense and delay, both civil bench trials and civil jury trials are disappearing.” So says a task force co-sponsored by—of all groups—the American College of Trial Lawyers. Litigation often costs so much and takes so long, they acknowledge, that parties nearly always settle or stop suin
Article | United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules
By Beth Graham - January 24, 2011
Earlier this month, Stephen P. Anway, a partner in the Cleveland, OH office of Squire, Sanders & Dempsey, LLP, authored an article which summarizes recent changes to United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The article, entitled United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules, discusses the revisions to the UNCITRAL Arbitration Rules, adopted in 2010. As stat
Indiana Appellate Court Holds FAA Preempts State Discovery Statute
By Beth Graham - January 21, 2011
Disputing would like to thank Paul Lurie, partner at Schiff Hardin, LLP’s Chicago office for bringing In re the Subpoena Issued to Beck’s Superior Hybrids, Inc., No. 29A05-1008-MI-489, (Ind. App. January 12, 2011) to our attention. In the case, the Court of Appeals of Indiana held that Section 7 of the Federal Arbitration Act (“FAA”) preempted an Indiana discovery statute. Here are the facts: In 2002, Monsanto Company and Monsanto Tec
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