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Archived articles from May 2013

20 articles found

Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions

By Beth Graham - May 31, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t

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IBA Adopts New Guidelines on Party Representation in International Arbitration

By Beth Graham - May 30, 2013
Last week, the International Bar Association adopted new IBA Guidelines on Party Representation in International Arbitration. The guidelines were reportedly designed to create a more uniform and equitable experience for both attorneys and arbitrators engaged in international arbitral disputes.

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Equal Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations

By Beth Graham - May 29, 2013
Frederic G. Sourgens, Associate Professor of Law at Washburn University School of Law has published Equal Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations, North Carolina Journal of International Law and Commercial Regulation, Vol. 38, No. 4, 2013. In his article, Professor Sourgens discusses the procedure for establishing jurisdictional proof in investor-state arbitral proceedings.

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Washington Legislature Says Statute of Limitations Applies to Arbitration Proceedings

By Beth Graham - May 28, 2013
An interesting arbitration-related development has come out of the Washington Legislature. In an apparent response to a 2010 Washington Supreme Court ruling, lawmakers have amended the state’s Uniform Arbitration Act to allow statutes of limitations to apply to arbitral proceedings.

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Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract

By Beth Graham - May 24, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.

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American Exceptionalism in Consumer Arbitration

By Beth Graham - May 22, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disp

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NADN Announces Partnership With DRI and AAJ

By Beth Graham - May 22, 2013
This week, the National Academy of Distinguished Neutrals (NADN) announced a partnership with DRI - The Voice of The Defense Bar and the American Association for Justice (AAJ).

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Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration

By Beth Graham - May 20, 2013
Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration.

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26th Annual Technology Law Conference: May 23-24, 2013

By Beth Graham - May 16, 2013
Mark your calendars! Disputing’s own Karl Bayer will be presenting on the mediation of technology disputes at the University of Texas’ 26th Annual Technology Law Conference. The conference will be held next Thursday and Friday at the Four Seasons Hotel in Austin.

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Operation Arbitration: Privatizing Medical Malpractice Claims

By Beth Graham - May 15, 2013
Myriam E Gilles, Professor of Law at the Benjamin N Cardozo School of Law has authored an interesting article entitled "Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law." In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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