Karl Bayer's Disputing Blog » 2012

Armstrong v. Tygart | Jurisdiction

By Victoria VanBuren - August 7, 2012

by Renée Kolar This coming Friday, August 10th 2012, the U.S. District Court for the Western District of Texas, Austin Division, will have to decide whether or not it should enjoin Defendants from enforcing an arbitration deadline against Lance Armstrong while the lawsuit progresses. In anticipation of the hearing, this week we will be summarizing Armstrong’s complaints and Tygart and USADA’s responses in their motion for summary judgment. Backgr

Armstrong v. Tygart | Existence of Agreement to Arbitrate

By Victoria VanBuren - August 6, 2012

The Court of Arbitration for Sport’s ruling in 2008 allowed Oscar Pistorius to achieve his dream in 2012

By Victoria VanBuren - August 6, 2012

by Renée Kolar Oscar Pistorius made history Saturday by becoming the first double-amputee to compete in the able-bodied Olympics. Pistorius is a South African sprinter who was born without a fibula in either leg, and had both legs amputated when he was only 11 months old. To participate in sporting activities, Pistorius uses two high-performance carbon-fiber prosthetics, known as the Cheetah Flex-Foot. Controversy regarding Mr. Pistorius’ use of

GUEST-POST | Professor Alan Scott Rau Comments on BP v ExxonMobil

By Victoria VanBuren - August 6, 2012

by Alan Scott Rau BP Exploration Libya Limited v. ExxonMobil Libya Limited, et al, No. 11-20547 (5th Cir. July 30, 2012) is a little case that illustrates perfectly the muddle that frequently arises when linked agreements bind multiple parties to resolve through arbitration disputes arising out of related transactions. It is at least clear here, unlike some cases, that there has to be “one arbitration”—this is in fact what the agreements se

The Power of One Leader: Learning from Medical Mistakes

By Victoria VanBuren - August 3, 2012

by Holly Hayes The American Journal of Mediation Fifth Edition focuses on mediation in healthcare. Dale Hetzler, Deanne R. Messina and Kimberly J. Smith write about “Conflict Management in Hospital Systems: Not Just for Leadership”. They contend “communication skills and conflict skills will be primary predictors of the organizations ability to progress in both quality improvement and patient safety, and will therefore equip its

The International Convention Against Doping in Sport of 2005

By Victoria VanBuren - August 2, 2012

by Renée Kolar Motivations for Drafting the Convention At the Round Table of Ministers and Senior Officials Responsible for Physical Education and Sport in 2003 initiated by the United Nations Educational, Scientific, and Cultural Organization (UNESCO), one of the main issues discussed was doping in sport. Paul Marriott-Llyod, Understanding the International Convention against Doping in Sport SHS/2010/PI/H/2, at 2, available at http://unesdoc.une

USADA Case against Lance Armstrong | USADA’s Successful Arbitration Track Record

By Victoria VanBuren - August 1, 2012

by Renée Kolar Since its inception, the United States Anti-Doping Agency (USADA) has won 58 out of 60 arbitrations against athletes who have contested the agency’s sanctions. In federal court, USADA has never been beaten. Justin Gatlin, a sprinter from Florida, enjoyed an ephemeral victory when he was granted a temporary injunction against USADA in June 2008 to lift his suspension for alleged doping so he could participate in the 2008 Olympic Gam