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Archived articles from 2011
254 articles found
Second Circuit Clarifies FINRA Rule 12200
By Victoria VanBuren - October 6, 2011
As discussed at the ADR Prof Blog, the Second Circuit held that an issuer who purchases auction-facilitating services for its auction rate securities from a broker-dealer is a “customer” of that broker-dealer within the meaning of the Financial Industry Regulatory Authority (“FINRA”) Rule 12200. FINRA Rule 12200 governs whether FINRA members must submit to FINRA arbitration. In UBS Financial Services Inc. v. West Virginia University H
Sony Updates its Terms of Service Adding Class Arbitration Waiver
By Victoria VanBuren - October 5, 2011
As reported by WIRED, Sony recently revised its online Terms of Service and User Agreement. The move was prompted by the multiple security breaches of earlier this year in which hackers stole data from nearly 75 million Sony PlayStation customers. Section 15 of the revised agreement includes an arbitration clause with a class action waiver provision. Sony, however, provides for a right to op-out of the binding arbitration and class action waiver
CIArb Costs of International Arbitration Survey 2011
By Victoria VanBuren - October 4, 2011
Last week, the Chartered Institute of Arbitrators (“CIArb”) launched the results of the CIArb’s survey into the costs of international arbitration. The survey was completed by arbitrators and lawyers from five continents and includes information on 254 arbitrations conducted between 1991 and 2010. Here are some of the highlights: The survey results indicate that the costs of international arbitration vary depending on where the arbitr
Federal Circuit Unveils Model Order on E-Discovery in Patent Cases
By Victoria VanBuren - October 3, 2011
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance. The final product, “Model Order on E-Discovery in Patent Cases” was unveiled on September 27 by Chief Judge Randall R. Rader at the 2011 E.D. Texas Bench and Bar Conference. The goal of the Model Order, Chief Ju
JAMS Launches International Branch
By Victoria VanBuren - September 30, 2011
JAMS, the U.S. arbitration and mediation provider, has launched its international arm and unveiled a panel of more than 40 arbitrators and mediators to handle cross-border disputes. JAMS International is headquartered in London, with additional hearing locations in Amsterdam, Milan, New York, and Rome. For more information, visit the JAMS International website. The press release is here. Technorati Tags: law, ADR, arbitration
Eleventh Circuit Rules that the Plaintiff’s Act of Amending its Complaint May Allow a Defendant to Resurrect its Previously-Waived Right to Arbitrate
By Victoria VanBuren - September 29, 2011
In Krinsk v. Suntrust Banks, Inc., No. 10-11912 (11th Cir. Sept. 7, 2011) the defendant had participated in the case for nine months without enforcing its right to arbitrate the class action claims. In response to the court’s ruling on the motion to dismiss, the plaintiff amended the complaint and expanded the definition of the putative class from one that covered hundreds of members to one that potentially covered tens of thousands of members. I
ICC Unveils International Centre for ADR
By Victoria VanBuren - September 28, 2011
The International Chamber of Commerce (“ICC”) announced recently the creation of the ICC International Centre for ADR. Based in Paris, members of the Centre actively participate in a variety of consultancy bodies, including a World Bank advisory group, the International Bar Association task force for investor-state mediation rules, and the Board and Independent Standards Commission of the International Mediation Institute. Read the pr
SCOTUSblog: Symposium on Arbitration
By Victoria VanBuren - September 27, 2011
We invite you to check out SCOTUSblog Symposium on Arbitration. The blog has featured the following guest-posts: AT&T Mobility and the end of consumer class action through Commerce Clause jurisprudence: Not so fast, Terry Moritz A second, more circumstantial separability doctrine, Thomas Carbonneau Is the Supreme Court demanding enough as it provides incentives for the private funding of a federal small claims court?, Nancy Welsh The third ar
Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation
By Victoria VanBuren - September 26, 2011
In In the Estate of James H. Rice, No. 10-10-00021-CV (Tex.App.- Waco, Aug. 10, 2011) the court found the appeal was appropriate for mediation and on April 20, 2011, ordered the parties to mediate this case. The mediation took place at the McLennan County Dispute Resolution Center (“DRC”) on June 15, 2011. The court, however, received a letter from DRC dated June 22, 2011 which stated the following: the mediation session ended abruptl
SEC Commissioner Speaks on Mandatory Arbitration
By Victoria VanBuren - September 22, 2011
Via the Securities Law Prof Blog, we learned of SEC Commissioner’s Elisse B. Walter’s comments on mandatory securities arbitration at the 2011 annual NASAA Conference: Regardless of changes in the relationship between investors and the professionals to whom they turn for advice, disagreements will arise that need to be resolved quickly and fairly. Following the dictates of Dodd-Frank, the SEC intends to thoroughly review the mandatory arbitration
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