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Archived articles from 2012
240 articles found
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
By Victoria VanBuren - December 10, 2012
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J. 2012). The questions presented is as follows: In Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1776 (2010), this Court made clear that “class-action arbitration changes the nature of arbitration to such a degree that it ca
Book | Class, Mass and Collective Arbitration in National and International Law
By Victoria VanBuren - December 7, 2012
Professor S.I. Strong (University of Missouri School of Law) has just posted a draft chapter from her upcoming book, Class, Mass and Collective Arbitration in National and International Law, on SSRN. The title will be published by Oxford University Press in spring 2013 and will be the first monograph dedicated to large-scale arbitration. Professor Strong told us that the chapter posted addresses various issues relating to the interpretation of ar
American Academy of Orthopaedic Surgeons (AAOS) Supports ADR
By Holly Hayes - December 5, 2012
The American Academy of Orthopaedic Surgeons (AAOS) issued a Position Statement on Medical Liability Reform by David H. Sohn, JD, MD, and S. Jay Jayasankar, MD stating: “The AAOS believes that broad reforms are necessary to compensate negligently injured patients promptly and equitably, enhance patient–physician communication, facilitate improvement of patient safety and quality of care, reduce defensive medicine and wasteful spending, decrease l
CIArb Well Placed to Provide Arbitral Services to New Regulatory Body
By Victoria VanBuren - December 4, 2012
Further to the recent publication of the Leveson Report, “An inquiry into the culture, practices and ethics of the press”, the Chartered Institute of Arbitrators (CIArb) is well placed to provide arbitral services to a newly created independent regulatory body. In his report published on 29 November 2012, Lord Justice Leveson proposed the use of arbitration as an “essential component” in resolving civil disputes involving the press and the establ
Mandamus Granted After Trial Court Incorrectly Applied Statute
By Jeremy Clare - December 3, 2012
The Supreme Court of Texas conditionally granted mandamus relief because the trial court abused its discretion by incorrectly applying section 171.096(b) of the Texas Civil Practice and Remedies Code instead of applying 171.096(c) of the Texas Civil Practice and Remedies Code. Background In In re Lopez, 372 S.W. 3d 174 (June 8, 2012), survivors of a nursing home resident filed a demand for arbitration of survival and wrongful death claims against
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
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