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Archived articles from 2012
240 articles found
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
Maryland Mediation Confidentiality Act Goes into Effect
By Victoria VanBuren - November 13, 2012
Maryland’s Mediation Confidentiality Act (SB 856/HB 762) went into effect on October 1, 2012. The Act establishes that, with certain exceptions, communications made in a mediation (i) in which the parties are required to mediate by law or (ii) are referred by an administrative agency or arbitrator, or (iii) in which the parties agree in writing that the mediation will remain confidential, must be kept confidential. Under the Act, the
Judge Waxse E-Discovery Roundup
By Victoria VanBuren - November 12, 2012
by Jeremy Clare After blogging about In the Matter of Applications for Search Warrants for Information Associated with Target Email Address, we have come across several noteworthy materials related to e-discovery written by the Honorable David J. Waxse, the author of the Order. Judge Waxse is a Magistrate Judge with the U.S. District Court for the District of Kansas and a well-known scholar on e-discovery. He is an Observer to The Sedona Conferen
Ethical Intelligence in Conflict Engagement
By Victoria VanBuren - November 9, 2012
by Holly Hayes I recently read the book Ethical Intelligence by Bruce Weinstein, PhD, also known as The Ethics Guy. The subtitle of the book is “Five Principles for Untangling Your Toughest Problems at Work and Beyond”. In Chapter 10, titled “If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intellig
U.S Supreme Court Considers Two Arbitration Petitions
By Victoria VanBuren - November 8, 2012
The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Nitro-Lift Technologies,
Fulbright Releases its 2012 International Arbitration Report, Issue 2
By Victoria VanBuren - November 7, 2012
Fulbright & Jaworski, LLP published recently its 2012 International Arbitration Report, Issue 2. Topics in this issue include: How to Optimize Your Expert Evidence The Law Governing the Arbitration Agreement Damages for Breach of an Agreement to Arbitrate Section 1782 Held Applicable to Private Arbitrations You may download the Report (free of charge) here.
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