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Archived articles from 2013
209 articles found
Digital Disagreements: Neural Networks and Their Potential
By Karl Bayer - March 22, 2013
Neural Networks: The Potential Part 3 of 3 This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like
Houston Appeals Court Compels Gas Delivery Dispute to Arbitration
By Beth Graham - March 21, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract that required arbitration. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), the predecessor companies to Enterpr
Digital Disagreements: Artificial [Intelligence] Arbitration
By Karl Bayer - March 20, 2013
Part 2 of 3 This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. ODR and AI The subfield of Artificial Intelligence [AI] in Online Dispute Resolution has been progressing rapidly. There is no doubt that it will have a broad impact. Law and AI are particularly well-suited to work together as they
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
By Beth Graham - March 20, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution
By Karl Bayer - March 18, 2013
Part 1 of 3 This is the first installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead to increased speed of dispute resolution and reduced costs.[2] However, recently arbitration has taken on some of the formal
What Judges Write When They Write About Mediation
By Beth Graham - March 17, 2013
Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon
Texas Supreme Court Enacts New Civil Procedure Rule Related to ADR in Expedited Actions
By Beth Graham - March 15, 2013
In November, the Texas Supreme Court promulgated a number of new civil procedure rules designed to expedite court cases where the amount in controversy is less than $100,000. Initially, proposed Rule 169(d) barred both the parties and the courts from forcing a dispute to mediation where no contractual obligation to mediate existed. Following a public comment period that ended on February 1st, a revised Rule 169 became final and effective on March
Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration
By Beth Graham - March 14, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: Internatio
Martha Stewart Living Ordered to Mediate Dispute With Macy’s and J.C. Penney
By Beth Graham - March 13, 2013
Mediation is in the news again. Last week, a New York judge ordered a dispute between Macy’s, Inc., J.C. Penney Co., and Martha Stewart Living to mediation. The lawsuit itself reportedly arose after New York-based Martha Stewart Living signed a contract with Plano-based J.C. Penney to open a Martha Stewart mini shop in many of the retailer’s stores. In a separate case filed three months later, Cincinnati-based Macy’s sued J.C. Penney for interfer
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