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Archived articles from 2011
254 articles found
Fifth Circuit Holds that a District Court Is Not Required to Stay Proceedings on Merits Pending Appeal of Denial of a Motion to Compel Arbitration
By Victoria VanBuren - November 16, 2011
In Weingarten Realty Investors v. Miller, No. 11-20676 (5th Cir. Nov. 1, 2011), Weingarten Realty Investors (“WRI”) and Miller Sheriden, LLC (“Miller”), created a joint venture. WRI loaned that joint venture $75,000,000 under the Loan Agreement between WRI and the joint venture. Miller did not sign the Loan Agreement individually but did sign a third-party guarantee (“Limited Guarantee”) for the loan, on the same day the Loan Agreement was execut
U.S. Arbitration and Mediation Update | Nov. 2011
By Victoria VanBuren - November 15, 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. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
KPMG LLP v Cocchi | U.S. Supreme Court Holds that a Court May Not Deny Arbitration When Some of the Claims Are Nonarbitrable
By Victoria VanBuren - November 14, 2011
Last week, the U.S. Supreme Court held that courts must enforce arbitration agreements even if the plaintiff’s Complaint contains nonarbitrable claims. In KPMG LLP v. Cocchi, 565 U.S. ___ ( 2011) the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration in a lawsuit involving claims brought against the auditing firm KPMG LLP (“KPMG”) by investors owners of a limited pa
The Association for Conflict Resolution Adopts Model Standards for Mediator Certification Programs
By Victoria VanBuren - November 11, 2011
Last month, the Association for Conflict Resolution (“ACR”) adopted its Model Standards for Mediator Certification Programs. The goal of the Standards is to guide entities which have or wish to institute mediation certification programs. There are twenty-four standards organized into six sections: Foundational Requirements, Transparency, Ethics, Diversity, Program Administration, and Due Process. The appendix provides background and d
El Paso Court of Appeals Denies Motion to Compel Arbitration in Employment Case
By Victoria VanBuren - November 10, 2011
In Young Mens Christian Assoc. of Greater El Paso, Texas et al. v. Garcia, No. 08-11-00096-CV (Tex. App. – El Paso Oct. 26, 2011) Jose G. Garcia brought discrimination and retaliatory discharge action against Young Mens Christian Association of Greater El Paso, Texas and Rio Grande Valley, YMCA of Greater El Paso, YMCA of El Paso, and Fred & Maria Loya YMCA (collectively referred to as the “YMCA“), Garcia’s former empl
Article: The Path Toward A Federal Mediation Privilege
By Victoria VanBuren - November 9, 2011
We came recently came across “The Path Toward A Federal Mediation Privilege: Approaches Toward Creating Consistency for a Mediation Privilege in Federal Courts,” written by Joseph Lipps and published by the American Journal of Mediation. Here is an excerpt: In commencing a mediation, the mediator provides an opening statement promising confidentiality. This promise however is wrought with a complex legal analysis where federal courts
Chartered Institute of Arbitrators |The Alexander Lecture 2011, London Nov. 16
By Victoria VanBuren - November 8, 2011
The Chartered Institute of Arbitrators (CIArb) will host its annual Alexander Lecture. President of the UK Supreme Court and CIArb Patron The Right Hon the Lord Phillips of Worth Matravers will analyse the judgments made by the Supreme Court and the Paris Court of Appeal in the landmark case of Dallah v Pakistan. Lord Phillips will consider why the two courts came to different conclusions, exploring the possible implications for the arbitration c
U.S. Supreme Court Rules on KPMG LLP v. Cocchi
By Victoria VanBuren - November 7, 2011
Today, the U.S. Supreme Court issued its opinion on KPMG, LLP v. Cocchi et al., 565 U. S. ____ (2011). Background and holding are as follows: In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration of respondents’ claims after determining that two of the four claims in a complaint were nonarbitrable.Though the matter is not altogether free from doubt, a fair reading of the opin
Texas Court of Appeals Rules on Interlocutory Appeal of Motion to Compel Arbitration
By Victoria VanBuren - November 7, 2011
In Schlumberger Technology Corp. v. Baker Hughes Inc., No. 01-11-00562 (Tex.App. – Houston [1st Dist.] Oct. 13, 2011) Schlumberger Technology Corp. (“Schlumberger” ) and Baker Hughes Inc. (“Baker Hughes”) are in an arbitration proceeding to resolve a patent infringement dispute. During the arbitration, a disagreement arose about whether the presiding panel of arbitrators has jurisdiction to determine an issue raised
Book | Definitive Creative Impasse-Breaking Techniques in Mediation
By Victoria VanBuren - November 4, 2011
Definitive Creative Impasse-Breaking Techniques in Mediation, a resource for mediators and attorneys, has been recently released by the New York State Bar Association. Edited by Molly Klapper, J.D., Ph.D., it contains chapters written by leading practitioners, trainers, academics, and judges, including John DeGroote (contributor of this blog), Professor Vivian Berger, Professor Dwight Golann, Hon. William A. Dreier, Laura A. Kaster, and Hon. Barb
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