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Archived articles from 2012
240 articles found
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
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
Middle District of Pennsylvania Holds that D.R. Horton Does Not Conflict with Concepcion
By Victoria VanBuren - October 2, 2012
by Jeremy Clare The United States District Court for the Middle District of Pennsylvania denied a motion for reconsideration of the court’s order compelling arbitration because plaintiffs failed to establish a change in controlling law. Background In Brown v. Trueblue, Inc., No. 10-CV-0514 (M.D. PA April 16, 2012), Stephen Brown and Matthew Jury (“plaintiffs”), two employees of Trueblue, a temporary staffing agency, filed a complaint with the dis
GUEST-POST | Key Mistakes Good Litigators Make in Arbitration | Omaha, Oct. 19, 2012
By Victoria VanBuren - October 1, 2012
Dear Friends and Colleagues, Let me call your attention to an exciting-full day Arbitration seminar to be hosted by Creighton Law School on Friday, October 19, 2012. I anticipate the attendees will be a mixture of practicing advocates as well as practicing arbitrators. Breakfast and lunch will be provided, so the opportunity to network, enjoy camaraderie, and share skills and ideas, will be abundant. The location is, admittedly, Omaha. Here are t
Health Care Conflict Resolution Part IV: Invent Options for Mutual Gain
By Victoria VanBuren - September 28, 2012
by Holly Hayes Conflict in health care differs from conflict in other arenas because it can result in significant negative outcomes – in some cases, life or death. Part IV in our series on applying conflict resolution skills in the health care setting follows the Principled Negotiation techniques described by Roger Fisher and William Ury in Getting to Yes with a focus on “inventing options for mutual gain”. Part I in the series can be viewed (her
Recent Developments in International Arbitration | Sept. 2012
By Victoria VanBuren - September 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): Ukraine: Mitigation of damages in arbitration practice: trite law or space for creativity? USA: Court sanctions counsel for frivolous challenge to arbitration award India: Supreme Court restricts domestic court jurisdiction over foreign arbitrations Canada: Choosing a
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?
By Victoria VanBuren - September 26, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?” 3 Yearbook on International Arbitration __ (forthcoming 2012) – preprinted in 9 Transnational Dispute Management (Aug. 2012) The abstract is: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) h
Video | Interview with Jason Fry on the ICC Rules of Arbitration
By Victoria VanBuren - September 25, 2012
In this Video, Jason Fry, Secretary General of the International Court of Arbitration at the International Chamber of Commerce (ICC), discusses the new 2012 ICC Arbitration Rules.
Southern District of New York Holds that Arbitrators Did Not Manifestly Disregard the Law
By Victoria VanBuren - September 24, 2012
by Jeremy Clare The United States District Court for the Southern District of New York confirmed an arbitration award and granted attorney’s fees in favor the defendant because the plaintiffs’ claims were meritless and lacked any proper purpose. Background In DigiTelCom, Ltd., et al., v. Tele2 Sverige AB, No. 12-CV-3253 (S.D. N.Y. July 25, 2012), two Russian telecommunications companies, DigiTelCom, Ltd. (“DTC”) and Tele2 Sverige AB (“Tele2”), we
Health Care Conflict Resolution Part III: Focus on Interests, Not Positions
By Victoria VanBuren - September 21, 2012
by Holly Hayes Our health care conflict resolution series began with Part I, applying the “principled negotiation” method to health care (post available here) and followed with Part II, examining a case study of “Separating the People from the Problem” (post available here). In this post, let’s take an example of a physician and a hospital group negotiating to buy the physician’s practice to see how “positional bargaining” results in failure to f
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