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Archived articles from 2011
254 articles found
DRI Today | Arbitration in Class Actions
By Victoria VanBuren - November 3, 2011
In the wake of AT&T v. Concepcion, James D. Smith of the DRI Blog has published the following timely commentary about class arbitration: Plaintiffs’ Efforts To Use Discovery To Circumvent Concepcion And Class Waivers In Arbitration (Oct. 5, 2011) Enforcement and Rejection of Class Action Waivers in Arbitration Provisions Since Concepcion (Sept. 26, 2011) Reviving Arbitrations In Class Actions (Sept. 13, 2011) Technorati Tags: law, ADR, arbitr
California Court of Appeals Rules that Lack of Consent Voids Arbitration in Toyota Online Prank
By Victoria VanBuren - November 2, 2011
Via the ABA Journal, we learned of a bizarre case involving an internet advertising campaign by Toyota Motor Sales USA, Inc. (“Toyota”) and Saatchi & Saatchi North America, Inc. (“Saatchi”) See Duick v Toyota Motor Sales, U.S.A., Inc. Case No. B224839 (CA Dist. 2 Ct. App., Aug. 31, 2011) Here is some background: The campaign, which was targeted at young men, encouraged them to provide Toyota with the name of a friend o
ABA Article | Fixing the Way Multi-Arbitrator Tribunals Are Formed
By Victoria VanBuren - November 1, 2011
We came across an interesting article at the ABA Section of Litigation entitled Fixing the Way Multi-Arbitrator Tribunals Are Formed. The piece, written by Herman Manuel Duarte, discusses common issues with unilateral appointments of arbitrators. Here is an excerpt: One of the pressing issues in international arbitration is the practice of unilaterally appointing arbitrators and its effect on the decision-making process. The term “unilateral appo
BP and Anadarko Settle over Deep Water Horizon Oil Spill
By Victoria VanBuren - October 31, 2011
CNN reports that BP and Anadarko have settled their dispute over the “Deep Water Horizon” oil spill. According to the report, Anadarko will pay BP $4 billion dollars to settle BP’s claims related to the Gulf of Mexico disaster of April, 2010. The settlement will bring the related arbitration to an end. See In RE: Oil Spill by the Oil Rig discussed here. Technorati Tags: law, ADR, arbitration
‘Borders Skirmishes’ Symposium | Keynote Address by Gary Born
By Victoria VanBuren - October 28, 2011
Those of you who missed the “Borders Skirmishes” symposium last week at University of Missouri’s Center for the Study of Dispute Resolution can view the keynote address by Gary Born at the symposium website (click on the link under “Keynote Webcast”). Gary Born is widely regarded as the world’s preeminent authority on international commercial arbitration and international litigation, having been selected to receive the Global Ar
The State Bar of Michigan Announces the ‘Michigan Mediates!’ Campaign
By Victoria VanBuren - October 27, 2011
Via Court ADR Connection we learned of “Michigan Mediates!” a statewide mediation program launched recently by the State Bar of Michigan, ADR Section. The goal of Michigan Mediates! is to elevate awareness and use of mediation as a practical and cost-effective tool to help solve many of the complex problems plaguing government agencies, schools and communities. Michigan Mediates! will include state-wide trainings, public service annou
Recent Developments in International Arbitration | Oct. 2011
By Victoria VanBuren - October 26, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: France: Arbitrators cannot seek a ruling on the constitutionality of statutory provisions Portugal: Back on the right track: Supreme Court rules on multi-contract arbitration United Kingdom: Court of Appeal rules on arbitrability of shareholder’s claims Technorati Tags: law, ADR, arbitration
Anti-arbitration Bills | Arbitration Fairness Act of 2011 and the Consumer Mobile Fairness Act of 2011
By Victoria VanBuren - October 25, 2011
Coverage of anti-arbitration bills is back. On October 13, 2011, the Senate Committee on the Judiciary held a hearing entitled Arbitration: Is It Fair When Forced? The hearing discussed the Arbitration Fairness Act and a report by Alliance for Justice, Arbitration Activism: How the Corporate Court Helps Business Evade Our Civil Justice System. The Webcast and links to witness testimony and member statements are here. David Lazarus at Los A
U.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
By Victoria VanBuren - October 24, 2011
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”) did not preempt enforcement of an agreement for expanded judicial review of an arbitration award enforceable under the Texas Arbitration Act (“TAA”). Such enforcement was consistent with the FAA’s purpose of ensuring that
Fifth Circuit Finds Information Contained in Arbitration Award Insufficient to Determine Insurance Coverage
By Victoria VanBuren - October 21, 2011
In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to arbitration and the arbitrators awarded Ergon almost $2 million, including
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