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Archived articles from 2013
209 articles found
Texas Legislative Roundup April 3, 2013
By Beth Graham - April 3, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history.
Part One: A Brief History of ADR and Corporate Perception
By Karl Bayer - April 2, 2013
The following is part 1 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Ryan Lamare (Pennsylvania State University) paper entitled “Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations.”
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
By Beth Graham - April 2, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. Because the parties entered into a valid agreement to arbitrate, the Southern District of Texas granted Brand’s motion to dismiss the case and compelled the employment dispute to arbitration.
Arbitrating ‘Arbitrability’
By Beth Graham - April 1, 2013
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published a paper entitled Arbitrating ‘Arbitrability’, World Arbitration and Mediation Review, 2013; U of Texas Law, Public Law Research Paper. In his paper, Professor Rau examines threshold challenges to the use of arbitration in both international and domestic commercial disputes. Here is the abstract: It is quite common, in
Austin Police Department Now Allows Mediation of Citizen Complaints
By Beth Graham - March 29, 2013
Alternative dispute resolution methods are increasingly being utilized across a wide range of industries. According to a recent news report, the Austin Police Department has instituted a new policy that provides area citizens with the opportunity to engage in mediation with law enforcement officers following a complaint. Under the policy, less serious external complaints such as allegations of inadequate service and rude officers may be mediated
Disputing’s Own Karl Bayer Interviewed by Dave Hilton from Conflict Specialist Show
By Karl Bayer - March 29, 2013
Dave Hilton from the Conflict Specialist show discusses dispute resolution, conflict management, mediation, conflict coaching, negotiation, arbitration, ombuds, leadership, persuasion, psychology and other related topics with experts, authors, bloggers, specialists, speakers and practitioners around the world. In his latest episode he interviews blogger and ADR practitioner Karl Bayer. Watch the interview on youtube. Visit Dave Hilton’
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
By Beth Graham - March 28, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employmen
Class Arbitration on the Ropes Again
By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument
Texas House Considers Bill That Would Prohibit New Home Contracts from Including a Binding Arbitration Clause
By Beth Graham - March 26, 2013
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remov
Constitutional Conundrums in Arbitration
By Beth Graham - March 25, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘s Center for the Study of Dispute Resolution, recently published a thoughtful book review entitled Constitutional Conundrums in Arbitration, 15 Cardozo Journal of Conflict Resolution __ (forthcoming 2013). Here is the abstract: Professor Peter Rutledge’s new book, Arbitration and the Constitution (Cambridge University Press, 2013), offers t
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