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Archived articles from November 2012
17 articles found
Indicators of Success in U.S. Hospital Conflict Management
By Holly Hayes - November 30, 2012
A thesis for the Georgetown University Master of Arts in Conflict Management by Paul Charlton, B.A. titled “Indicators of success: an exploration of successful conflict management in U.S. hospital settings” can be found on the Georgetown University website. The paper examines the definition of success in managing healthcare conflicts. The paper divides conflict into four categories based on the parties involved and introduces a framew
The Guide to Dispute Resolution Processes
By Victoria VanBuren - November 29, 2012
The American Bar Association (ABA) Guide to Dispute Resolution Processes is designed to educate members of the public about dispute resolution processes commonly used to resolve legal, community, school, public policy and many other types of disputes. You may download the Guide (for free) here. “What Is Dispute Resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict,
Court of Appeals of Texas Finds No Evident Partiality or Gross Mistake and Affirms Confirmation of an Arbitration Award
By Jeremy Clare - November 28, 2012
The Court of Appeals for the First District of Texas at Houston did not find evident partiality or gross mistake and affirmed the district court’s confirmation of an arbitration award. Background In FCA Construction Company, LLC v. J & G Plumbing Services, LLC, No. 01-10-01034-CV (Tex. App.—Houston [1st Dist.] Mar. 8, 2012) a dispute arose between FCA Construction Company (“FCA”) and its plumbing subcontractor, J & G Plumbing Services (“J
Developments in International Arbitration: Austria, Turkey, Ecuador, UK, Cyprus & Malaysia
By Victoria VanBuren - November 27, 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): Austria: Supreme Court takes restrictive view on state immunity Istanbul: Istanbul set to become international arbitration centre Ecuador: Arbitral tribunal rules against Ecuador United Kingdom: English courts may enforce award that has been set aside Cyprus: Im
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State
By Jeremy Clare - November 26, 2012
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and
MA Supreme Court Rules that Mediation by a Disbarred Attorney May Constitute the Practice of Law
By Victoria VanBuren - November 21, 2012
In In the Matter of Anthony Raoul Bott, 462 Mass. 430 (2012), an attorney resigned from the Massachusetts bar due to a disciplinary action in 2005. Five years later, and after his completion of a mediation training program, he petitioned the Court to serve as a mediator. The issue before the Massachusetts Supreme Judicial Court was whether mediation,when performed by an attorney who has resigned from the practice of law while the subject of disci
Harvard Program on Negotiation | Mediation Secrets for Better Business Negotiations: Top Mediator Techniques | Free Report
By Victoria VanBuren - November 20, 2012
The Program on Negotiation at Harvard Law School is offering a free report Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts. Get your Report here.
The Chartered Institute of Arbitrators Signs Flagship Agreement with the University CEU of San Pablo
By Victoria VanBuren - November 19, 2012
07 November 2012 An agreement setting out the terms for the development of a research plan in the area of Alternative Dispute Resolution (ADR) has been signed by the Chartered Institute of Arbitrators (CIArb) and the University CEU of San Pablo in Madrid. The agreement, which outlines a number of major initiatives, was signed by Anthony Abrahams, Director General of CIArb, and Juan Carlos Dominguez Nafria, Chancellor of the university. Mr Abraham
Fifth Circuit Reverses the Vacatur of a FINRA Award Because the Award was not Procured by Fraud and the Arbitrators did not Exceed Their Powers
By Victoria VanBuren - November 15, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit reversed the vacatur of a FINRA Award because it disagreed with the district court’s finding that the award was procured by fraud, or in the alternative, that the arbitration panel exceeded its powers. Background In Morgan Keegan & Company, Inc., v. Garrett, et al, No. 11-20736 (5th Cir. Oct. 23, 2012), a group of eighteen investors (“Garrett”) brought a claim of statuto
U.S. Supreme Court Grants Cert to Class Arbitration Case
By Victoria VanBuren - November 14, 2012
Last week, the U.S. Supreme Court agreed to hear American Express Co. v. Italian Colors Restaurant, Docket No. 12-133. The issue is whether the Federal Arbitration Act permits courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. Read our previous post about the case below here. Bloomberg’s coverage of the case is
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