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Archived articles from February 2012
21 articles found
Baylor University Seeks Arbitration for BaylorGirls.xxx Domain Name
By Victoria VanBuren - February 29, 2012
According to the Baylor Lariat, Baylor University has filed a complaint (Case No. 1429318) with the National Arbitration Forum over the ownership of the domain BaylorGirls.xxx. Note that the National Arbitration Forum does not publish the cases on its website until a decision has been reached. Read more about this domain dispute here. Stay tuned.
U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
By Victoria VanBuren - February 28, 2012
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012). The underlying litigation involves three negligence lawsu
ICC International Court of Arbitration Announces Opening of New York Office
By Victoria VanBuren - February 27, 2012
The International Court of Arbitration of the International Chamber of Commerce (“ICC”) has announced that it will open an office of the ICC Court in New York. The goal of the new office is to increase ICC’s presence in North America. Read the ICC press release here. Stay tuned. Technorati Tags: ADR, law, arbitration
Update on Arbitration Provisions in the Dodd-Frank Wall Street Reform Act
By Victoria VanBuren - February 24, 2012
As readers may recall, on July 21, 2010 President Barack Obama signed into law the Restoring American Financial Stability Act of 2010 (a.k.a. the “Dodd-Frank Wall Street Reform and Consumer Protection Act”). House Versions: H.R. 4173 and Congressional Actions. The final version of P.L. 111-517 (H.R. 4173) is here. The Act, whose goal was to “promote the financial stability of the United States by improving accountability and transparency in
Corporate Counsel: Citi, Discover Can’t Shake Credit Card Antitrust Suit Over Arbitration
By Victoria VanBuren - February 23, 2012
Do credit card agreements still contain mandatory arbitration provisions? here is an update from Corporate Counsel: We’ve been deluged with news about challenges to mandatory arbitration clauses over the last few months, ever since the U.S. Supreme Court issued its AT&T Mobility v. Concepcion opinion last April. So it’s refreshing to read a decision on arbitration provisions with a twist: in this case a good old-fashioned (alleged
Venezuela Withdraws from the World Bank’s Arbitration Body
By Victoria VanBuren - February 22, 2012
As NPR reports, on January 24, 2012,Venezuela announced its withdrawal from the Convention on the Settlement of Investment Disputes (the “ICSID” Convention). In accordance with Article 71 of the ICSID Convention, the denunciation will take effect six months after the receipt of Venezuela’s notice, i.e., on July 25, 2012. The ICSID website lists 17 pending cases against Venezuela. Read the NPR article here. Technorati Tags
Supreme Court Petition Filed Alleging Fraud at FINRA Arbitration
By Victoria VanBuren - February 21, 2012
On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch manager, John Dwight Wanken, seeking review of the Fifth Circuit decision on Wanken v. Wanken, No. 11-102219, 2011 U.S. App. LEXIS 20014 (5th Cir. Tex. Sept. 29, 2011). The questions presented are: Can a court affirm a district court’s sua sponte co
Fifth Circuit Finds Arbitration Clause Illusory
By Victoria VanBuren - February 20, 2012
The United States Court of Appeals for the Fifth Circuit held that an agreement was illusory because the defendant retained the unilateral right to modify or terminate the arbitration provision at any time. In Carey v. 24 Hour Fitness, USA, Inc. No. 10-20845 (5th Cir. Jan. 25, 2012) John Carey (“Carey”) is a former sales representative for 24 Hour Fitness, USA, Inc. (“24 Hour Fitness”). During Carey’s period of emplo
Answers to Physician Questions about ACOs
By Holly Hayes - February 17, 2012
by Holly Hayes This week, Medscape News posted an interview regarding physicians’ questions about ACOs (Accountable Care Organizations) with Anders M. Gilberg, senior vice president of Government Affairs, Medical Group Management Association (MGMA). The 15 questions and answers can be seen here. As the article points out, “The first voluntary ACO agreements will start on April 1 and July 1, 2012, and run for 3 years as part of the Med
Recent Developments in International Arbitration | Feb. 2012
By Victoria VanBuren - February 16, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Brazil: Courting arbitration: specialised chamber decides first arbitration cases Canada: Stay denied where dispute fell under oral agreement and outside arbitration clause Greece: Appeal court considers law governing objective arbitrability Kenya: Aspects of arbitrat
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