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Archived articles from December 2012
15 articles found
2012 Developments in International Arbitration
By Victoria VanBuren - December 28, 2012
Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles): Austria: Costly decision: court refuses to set aside arbitral award Austria: Supreme Court defines limits of arbitration agreements Austria: Supreme Court takes restrictive view on state immunity Brazil: Bum
Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA
By Jeremy Clare - December 27, 2012
The United States Court of Appeals for the Fifth Circuit affirmed the district court’s order to compel arbitration finding that it was the arbitrator’s task to evaluate the scope of the grievance and the CBA. Background In International Brotherhood of Electrical Workers, Local Union No. 716, AFL-CIO v. Albemarle Corporation, Inc., No. 11-20883 (5th Cir. June 18, 2012) the International Brotherhood of Electrical Workers (“Union”) filed a grievance
Fifth Circuit Upholds: UPS Union Members Can Bring Title VII Claims in a Federal Judicial Forum
By Jeremy Clare - December 26, 2012
The United States Court of Appeals for the Fifth Circuit held that the district court erred when it concluded that UPS’s CBA required Title VII claims to be brought under the CBA’s grievance process. Background In Amber Ibarra v. United Parcel Service, No. 11-50714 (5th Cir. Sept. 13, 2012), Amber Ibarra worked as a package car driver for the United Parcel Service (“UPS”), but was terminated from her job after she lost control of her van and stru
Overcoming Barriers to Consistent Application of Principles of Public International Law
By Victoria VanBuren - December 21, 2012
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog) has posted on SSRN the book chapter entitled “Monism and Dualism in International Commercial Arbitration: Overcoming Barriers to Consistent Application of Principles of Public International Law, to be published in “Basic Concepts of Public International Law: Monism and Dualism,” edited by Marko Novakovic, Forthcoming, University of M
2012 Year-End Highlights | USADA Case against Lance Armstrong
By Victoria VanBuren - December 18, 2012
Welcome to Disputing‘s 2012 Year End-Highlights. Perhaps one of the most publicized cases in the modern history of sports was Lance Armstrong’s controversy with the U.S. Anti-doping agency. Following are our 2012 posts related to the case: UCI Recognizes Sanctions against Lance Armstrong, Disputing, October 23, 2012 USADA Case against Lance Armstrong | Statute of Limitations, Disputing, October 22, 2012 USADA Case agains
2012 Year-End Highlights
By Victoria VanBuren - December 17, 2012
Disputing is pleased to announce its 2012 Year-End Highlights series. During the upcoming weeks, we will discuss 2012 developments in case law and legislation regarding arbitration and mediation as well as other interesting topics. Stay tuned!
Fifth Circuit Finds No Reversible Error in District Court’s Affirmation of an Arbitration Award
By Jeremy Clare - December 14, 2012
The United States Court of Appeals for the Fifth Circuit found no reversible error with District Court’s judgment that affirmed an arbitration award in a disability discrimination case. Background In Sabrina Kay Taylor v. University of Phoenix/Apollo Group, No. 11-20681 (5th Cir. Sept. 7, 2012), Sabrina Taylor (“Taylor”) began working for the University of Phoenix (“University”) in January of 2005. Taylor was injured at an employee Christmas part
Elder Care Conflict
By Holly Hayes - December 13, 2012
“For years, couples have hired divorce mediators to avoid court battles. Now growing numbers of mediators are specializing in disputes that relate to older adults, such as those over inheritances and caregiving responsibilities,” a Wall Street Journal article by Anne Tergesen reports. The field of elder mediation is growing as baby boomers look for help with aging parents. The article explains: Elder mediators help clients resolve con
Los Angeles Courts Abolish Mediation Programs
By Victoria VanBuren - December 12, 2012
We stumbled upon this article by Victoria Pynchon (a friend of our blog): In a tersely worded announcement on the Los Angeles Superior Court’s “Update” website, the largest court system in the world describes drastic immediate cutbacks that could bring the delivery of justice to a trickle if not a complete collapse. According to a November 27 “Court Update,” Court administrators announced that the system has been told to “permanently cut its budg
CIArb Declares Universal Arbitration is the Way Forward
By Victoria VanBuren - December 11, 2012
Leading arbitration expert Jan Paulsson argued that universal arbitration is the only way forward if arbitration is to be more inclusive and arbitrators from non-western countries are to operate on a level playing field. Speaking at The Chartered Institute of Arbitrators’ (CIArb) Alexander Lecture entitled Universal Arbitration – what we gain, what we lose on Thursday 29 November, Paulsson referred to the term ‘universal arbitration’ not in a leg
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