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Archived articles from July 2013
18 articles found
Why is Harmonization of Common Law and Civil Law Procedures Possible in Arbitration but Not Litigation?
By Beth Graham - July 31, 2013
University of Missouri School of Law Professor S. I. Strong has authored Why is Harmonization of Common Law and Civil Law Procedures Possible in Arbitration but Not Litigation?, Book Chapter in Cultura y Proceso (Mónica María Bustamante Rúa ed., 2013, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2013-12.
The Federal Arbitration Act and Displacement of Agency Regulation
By Beth Graham - July 30, 2013
Maureen Weston, Professor of Law at Pepperdine University School of Law, has published a timely article entitled, The Accidental Preemption Statute: The Federal Arbitration Act and Displacement of Agency Regulation, 6 Penn. St. Y.B. on Arb. & Mediation 59 (2013); Pepperdine University Legal Studies Research Paper No. 2013/15.
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
Emergence and Dynamism in International Organizations
By Beth Graham - July 25, 2013
Sergio Puig, Lecturer in Law and Teaching Fellow at the Stanford Program in International Legal Studies, has published Emergence and Dynamism in International Organizations: ICSID, Investor-State Arbitration, and International Investment Law, 44 Georgetown Journal of International Law 531 (2013).
Houston’s First COA Upholds Arbitral Award Where Parties Signed Competing Agreements
By Beth Graham - July 24, 2013
Houston’s First District Court of Appeals has upheld an arbitrator’s award in a dispute that arose between an employer and a worker who was hurt on-the-job. In Forged Components, Inc. v. Guzman, No. 01–11–00563–CV, (Tex. App. Dist. 1 - June 25, 2013), Ricky Guzman was pinned by a forklift while working at Forged Components, Inc. (“FCI”).
ABA’s International Arbitration Committee Publishes Newsletter Regarding Arbitrator Appointments
By Beth Graham - July 23, 2013
The International Arbitration Committee of the ABA’s Section of International Law has published a special Newsletter Regarding Arbitrator Appointments. In the newsletter, committee members discuss arbitrator selection in international legal disputes.
Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement
By Beth Graham - July 19, 2013
The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation ("Kuhlman") and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).
Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration
By Beth Graham - July 18, 2013
University of Missouri School of Law Professor S.I. Strong has authored a timely paper entitled Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration, 30 Journal of International Arbitration __ 2013, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-15. In her article, Professor Strong describes the Spanish approach to collective consumer arbitration.
Dallas COA Reverses After Trial Court Vacates Arbitral Award in Non-Compete Case
By Beth Graham - July 17, 2013
Texas’ Fifth District Court of Appeals in Dallas has reversed a lower court’s decision to vacate an arbitration award.
Is Adjudication a Public Good?
By Beth Graham - July 16, 2013
University of Kansas School of Law Professor Stephen J. Ware has published Is Adjudication a Public Good? 'Overcrowded Courts' and the Private Sector Alternative of Arbitration, 14 Cardozo J. Conflict Resol. 899 (2013).
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