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Archived articles from October 2012

22 articles found

USADA Case against Lance Armstrong | Charges Brought against Armstrong

By Victoria VanBuren - October 16, 2012
by Jeremy Clare Writers of this blog have been posting about USADA’s case against Lance Armstrong for several months. During the next days, we will be summarizing various portions of USADA’s Reasoned Decision. We begin with the charges USADA brought against Mr. Armstrong. Charges USADA listed the following six separate charges brought against Mr. Armstrong: (1) Use and/or attempted use of prohibited substances and/or methods including EPO, blood

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USADA Case against Lance Armstrong | USADA Issues its Reasoned Opinion Describing its Evidence against Lance Armstrong

By Victoria VanBuren - October 15, 2012
  On October 10, 2012, the United States Anti-doping Agency (“USADA”) issued a 202-page reasoned decision describing evidence against Lance Armstrong and alleged rule violations (the “Reasoned Decision”). Under Articles 8.3 and 13.2.3 of the World Anti-Doping Code (the “Code”), USADA is obligated to send its Reasoned Decision to the parties with the having the right to appeal to the Court of Arbitration for Sport (“CA

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Healthcare Dispute Resolution Conference

By Victoria VanBuren - October 12, 2012
by Holly Hayes The American Arbitration Association will hold the 2012 Healthcare Dispute Resolution, Innovation and Strategy Conference on November 9, 2012, in San Francisco. The agenda includes the following sessions on incorporating ADR into the changing healthcare arena: Representatives from the major health plans will discuss the significant issues and business-to-business disputes facing their respective organizations. In-house counsel for

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Video | Overcoming Obstacles in Negotiation

By Victoria VanBuren - October 11, 2012
In this Video, Professor Mandell, Senior Lecturer in Public Policy at the Harvard Kennedy School, discusses how to develop negotiation skills. Check it out!  

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Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act

By Victoria VanBuren - October 10, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern

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ICC Training on International Commercial Arbitration | Paris, Dec. 3-6, 2012

By Victoria VanBuren - October 9, 2012
Join the International Chamber of Commerce at its Training on Commercial Arbitration in Paris, on December 3-6, 2012. This advanced-level training provides and in-depth understanding and first-hand experience of the ICC Arbitration procedure under the 2012 ICC Rules of Arbitration. For more details click here.

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Texas Court of Appeals Rules on Validity and Enforceability of Agreement under TRCP 11

By Victoria VanBuren - October 8, 2012
by Jeremy Clare The Court of Appeals for the 1st District of Texas at Houston affirmed two summary judgment orders regarding the enforceability of a rule 11 agreement and the right to prepay under the agreement. Background In General Metal Fabricating Corporation GMF v. Stergiou, No. 01-11-00460-CV (Tex. App.—Houston [1st Dist.] May 24, 2012), Arnold Curry, General Metal Fabricating Corporation, and GMF Leasing, Inc. (“GMF”) and John Stergiou and

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Health Care Conflict Resolution Part V: Use Objective Criteria

By Victoria VanBuren - October 5, 2012
by Holly Hayes One month ago, we started our health care conflict resolution series (see Part I, Part II, Part III, and Part IV) focusing on the Roger Fisher, William Ury Getting to YES principled negotiation method involving: 1. Separating the people from the problem. 2. Focusing on interests, not positions. 3. Generating a variety of possibilities before deciding what to do. 4. Insisting that the result be based on some objective standard. Our

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GUEST-POST | Survey on Current and Preferred Practices in Arbitration

By Victoria VanBuren - October 4, 2012
by Michael McIlwrath The new international survey on arbitral practices has just been released. This iteration (the 4th), conducted by the School of International Arbitration of Queen Mary University and White & Case, captured responses from 710 in-house counsel, external counsel specialists, and arbitrators. It sought to answer these questions: to what extent are truly harmonized practices emerging in international arbitration? And if such p

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Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles

By Victoria VanBuren - October 3, 2012
  Professor S.I. Strong (University of Missouri School of Law) has published “Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review 201 (2012). The abstract is: In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the United States Supreme Court stated that class arbitration “changes the nature of arbitration,” an idea that was also reflect

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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