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Archived articles from 2011
254 articles found
Symposium | Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration | Oct. 21, 2011
By Victoria VanBuren - September 6, 2011
On October 21, 2011, keynote speaker Gary Born leads an international group of experts in a frank discussion of issues that can arise when parties combine litigation tactics with international commercial arbitration. The symposium, entitled “Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration,” will be held at the award-winning Center for the Study of Dispute Resolution at the University of Missouri Sch
DRI Article: The FAA vs. the U.S. Bankruptcy Code?
By Victoria VanBuren - September 2, 2011
We came across an interesting article regarding the intersection of arbitration and bankruptcy published by the Defense Research Institute (“DRI”). The piece is entitled Which Federal Law Takes Precedence? The FAA vs. the U.S. Bankruptcy Code? written by John L. McCants. Here is an excerpt: In a construction law practice, a lawyer will have cases involving both the Bankruptcy Code, 11 U.S.C. 1 et seq. (FAA). This article addresses whi
Fifth Circuit Finds Corporate Officers Not Personally Bound by Arbitration Agreement and Overturns Arbitral Award
By Victoria VanBuren - September 1, 2011
The United States Court of Appeals for the Fifth Circuit has held that corporate officers are not bound personally by an arbitration agreement and overturned an arbitral award. In DK Joint Venture 1 v. Weyand, No. 09-11000 (5th Cir. August 4, 2011) six business entities (the “plaintiffs”) filed an arbitration demand against Richard Weyand and Peter Theiessen and fifteen corporations controlled by them (the “defendants”). W
GUEST-POST PART III: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 31, 2011
By S.I. Strong Ultimately, concerns about individual litigation rights did not turn out to be a problem for several reasons. First, the scope of the consent given in the TFA offset any objections from claimants. Second, the homogenous nature of the claims offset any objections from the respondent. Indeed, the tribunal noted that forcing Argentina “to face 60,000 proceedings would be a much bigger challenge to Argentina’s effective defense rights
GUEST-POST PART II: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 30, 2011
By S.I. Strong Another aspect of the consent analysis involved the question of whether this sort of mass claim was permitted under the ICSID Convention and the Argentina-Italy BIT. See id. ¶¶ 467-92. This posed an interesting dilemma, given that both documents are silent on the issue of mass proceedings. Perhaps unsurprisingly, the tribunal’s inquiry was reminiscent of the type of analyses that arise in the class arbitration context with respect
GUEST-POST PART I: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 29, 2011
By S.I. Strong On August 4, 2011, a preliminary award on jurisdiction was rendered in Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5. The nearly 300-page award, which is available here, addresses a number of concerns, such as whether the dispute falls within the scope of the relevant bilateral investment treaty (BIT) and whether the claims are contractual or treaty-based. Many of these issues are not themselves unique,
ABA Article: Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?
By Victoria VanBuren - August 26, 2011
The ABA Section of Litigation published recently Does a Federal Arbitration Privilege Apply in Arbitration Proceedings? The article, written by P.Jean Baker, discusses the federal mediation privilege as well as the federal arbitration privilege. Here is an excerpt: The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings. This article will discuss this recent development, the
Wall Street Journal: Banks Steer Customers to Arbitration and Away From Court After Concepcion
By Victoria VanBuren - August 25, 2011
The Wall Street Journal (WSJ) reports that some banks are embracing mandatory arbitration in consumer contracts on the wake of AT&T v. Concepcion. The WSJ says that now nearly three-quarters of 265 accounts offered by the 10 largest U.S. banks included mandatory arbitration provisions. Read the story here. Related Posts: ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration, Disputing,
Disputing’s 6-Year Anniversary | Aug. 24, 2011
By Victoria VanBuren - August 24, 2011
We are happy to share with you that our blog Disputing turns six today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Four Law Review Articles have cited Disputing (here, here, here , and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration F
Disputing Welcomes the Blog ‘Tips for Young Lawyers’
By Victoria VanBuren - August 23, 2011
We would like to welcome Tips for Young Lawyers to the blogosphere. The blog is hosted by Frank Ramos (pictured right) an attorney from Miami, Florida. As its name suggests, Tips for Young Lawyers provides guidance for young attorneys on everything from litigation and trial, to marketing, leadership, social networking, personal development, and ethics. Check out Preparing for Mediation, posted on August 18th. We look forward to reading more of yo
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