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Archived articles from March 2012
21 articles found
IBA Issues a Guide to Arbitration for 27 Countries
By Victoria VanBuren - March 29, 2012
The Arbitration Committee of the International Bar Association (“IBA”) has issued a guide to the law and practice of arbitration in more than 27 countries. Additional countries are planned and will be posted when completed. You may download (at no cost) the Guide per country here.
Arbitration and Mediation Legislative Update | March, 2012
By Victoria VanBuren - March 28, 2012
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
Fourth Circuit Rules that ‘Manifest Disregard of the Law’ Continues to Exist
By Victoria VanBuren - March 27, 2012
Recently, the U.S. Court of Appeals for the Fourth Circuit ruled that the doctrine of “manifest disregard of the law” continues to exist as a ground to vacate arbitration awards under the Federal Arbitration Act (“FAA”). See Wachovia Securities, LLC v.Brand, No. 10-2111 (4th Cir. Feb. 16, 2012). Wachovia Securities, LLC (“Wachovia”) appealed from the district court’s refusal to vacate an arbitration award enter
Call for Proposals: Collective Redress in the Cross-Border Context | Deadline: May 1, 2012
By Victoria VanBuren - March 26, 2012
Large-scale international legal injuries are becoming increasingly prevalent in today’s globalized economy, whether they arise in the context of consumer, commercial, contract, tort or securities law, and countries are struggling to find appropriate means of providing collective redress, particularly in the cross-border context. The Hague Institute for the Internationalisation of Law (HiiL), along with the Netherlands Institute for Advanced Study
Lowering Malpractice Risk through Disclosure
By Holly Hayes - March 23, 2012
by Holly Hayes The University of Michigan Health System implemented a system to respond to patient injuries and medical malpractice claims and has “lowered its average monthly cost rates for liability, patient compensation, reserves, and non-compensation legal costs” as well as reducing “its average monthly rate of new claims from 7.03 to 4.52 claims per 100,000 patient encounters, decreased the average monthly rate of lawsuits
Recent Developments in International Arbitration | March, 2012
By Victoria VanBuren - March 22, 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): Malaysia: Court rules on enforcement of foreign arbitral award USA: Supreme Court reaffirms pro-arbitration stance India: Amendment of grounds in application for challenging arbitral awards Switzerland: Supreme Court saves pathological arbitration clause Turkey: Chamb
Rhode Island Supreme Court Okays Unauthorized Practice of Law by Non-lawyer in a Labor Arbitration
By Victoria VanBuren - March 21, 2012
The Rhode Island Supreme Court held that a non-lawyer union representative could represent a grievant in a public labor arbitration. In Re Town of Little Compton, R.I. Supreme Court No. 2011–101-Appeal decided February 9, 2012. The court summarized the facts as follow: On July 8, 2010, the Unauthorized Practice of Law Committee (committee) conducted an investigational hearing in connection with a complaint filed with it by the Town of Little Comp
Article | Everything You Need to Know about Authority to Settle a Mediation
By Victoria VanBuren - March 20, 2012
We invite you to check out an article entitled “Everything You Need to Know about Authority to Settle a Mediation” by James R. Madison. The piece was published in the May-July issue of the AAA’s Dispute Resolution Journal. Following are two preview pages: I. Introduction Imagine being the mediator who convenes a mediation with the objective of settling a dispute between Party A and Party B only to learn when the participants gat
Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement
By Victoria VanBuren - March 19, 2012
In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en
Arbitrating with Your Doctor?
By Holly Hayes - March 16, 2012
We recently stumbled upon an article regarding the sudden prevalence of arbitration agreements (between doctors and patients) in the context of medical procedures. Here is an excerpt: Arbitration agreements seem to be popping up in every kind of transaction these days. For those who are unfamiliar with them, they are contracts where parties give up their rights to go to court and present their cases to judges and juries. These probably make sense
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