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Archived articles from June 2012
20 articles found
Strategies for Dealing with Disruptive Physicians
By Holly Hayes - June 29, 2012
by Holly Hayes In 2009, The Joint Commission established a standard (LD.03.01.01) that addresses disruptive physicians: EP 4: The hospital/organization has a code of conduct that defines acceptable and disruptive and inappropriate behaviors EP 5: Leaders create and implement a process for managing disruptive and inappropriate behavior How prevalent is disruptive behavior among physicians? The American College of Physician Executives and QuantiaMD
Recent Developments in International Arbitration | June 2012
By Victoria VanBuren - June 28, 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): Turkey: Bilateral investment treaties and international arbitration Ecuador: Court prevents a disrupting strategy to derail arbitration India: Bilateral investment treaties: chosen pathway for dispute resolution Italy: Mandatory mediation: the Italian experience, two
Article | Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices
By Victoria VanBuren - June 27, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices,” 28 Arbitration International __ (forthcoming 2012) on SSRN. The abstract is: Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of doll
Video | The Three Little Pigs Go To Mediation
By Victoria VanBuren - June 26, 2012
We invite you to check out The Three Little Pigs Go to Mediation video, created by the Department of Veteran’s Affairs, this interesting video explains and demonstrates the principles of mediation. The video is available here.
Texas Supreme Court Grants Petition for Review in Trust Arbitration Case
By Victoria VanBuren - June 25, 2012
On June 8, 2012, the Texas Supreme Court granted petition for review to Rachal v. Reitz, 347 S.W.3d 305 (Tex.App.—Dallas 2011, pet. granted). The issue is whether a provision stating the settlor’s intent that disputes involving the trust be resolved by arbitration is enforceable under the Texas Arbitration Act . The appellate court had declined to compel arbitration on the grounds that a valid agreement to arbitrate did not exist. Here are
Arbitration and Mediation Legislative Update | June, 2012
By Victoria VanBuren - June 21, 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
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?
By Victoria VanBuren - June 20, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?, 3 Yearbook on International Arbitration_ (forthcoming 2012) on SSRN. Here is the abstract: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) has been brought in an investment arbitration. This Article consi
California Court Affirms Class Action Waivers in Employment Arbitration Contracts
By Victoria VanBuren - June 19, 2012
The California Court of Appeal held that class action waivers are enforceable in California employment arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Arshavir Iskanian worked as a driver for defendant CLS Transportation Los Angeles, LLC (“CLS”) from March 2004 to August 2005. In December 2004, Iskanian signed a “Proprietary Information and Arbitration Policy/Agreement” (arbitration agreement) that contains
ABA | 7th Annual Arbitration Training Institute | Philadelphia, June 21-23, 2012
By Victoria VanBuren - June 18, 2012
The ABA Section of Dispute Resolution will host its 7th Annual Training Institute on June 21-23, 2012 in Philadelphia. Who Should Attend? Attend if you are seeking a career move to arbitration. Attend if you are an experienced arbitrator or advocate wanting to better understand recent issues in arbitration and improve your skills. Attend if you are a litigator wanting to better utilize arbitration and gain insights about how arbitrators approach
Update: HHS Medical Liability Grants
By Holly Hayes - June 15, 2012
by Holly Hayes Grants distributed by the Health and Human Services (HHS) Agency for Healthcare Research and Quality (AHRQ) are moving forward with programs to address medical liability according to the Modern Healthcare April 2012 issue. See more here Beth Israel Deaconess Medical Center received a planning grant of almost $274,000 to institute a program they call Disclosure, Apology and Offer. The program “consists of disclosing when adver
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