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Archived articles from 2013

209 articles found

Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations

By Beth Graham - October 24, 2013
John Y. Gotanda, Associate Dean for Faculty Research and Professor of Law at Villanova University School of Law, has published Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review (Fall 2013) 28 (2): 420-437; Villanova Law/Public Policy Research Paper No. 2013-3039.

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Third Circuit Rules Delaware Arbitration Program is Unconstitutional

By Beth Graham - October 23, 2013
Today, a panel for the United States Third Circuit Court of Appeals held that business arbitrations conducted behind closed doors by members of Delaware’s Chancery Court are unconstitutional.

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Court-Approved Mediation Used to Assist Fungal Meningitis Victims

By Beth Graham - October 21, 2013
The crossroads between healthcare and mediation is in the news again.

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ABA’s Planned Early Dispute Resolution Task Force Publishes User Guide

By Beth Graham - October 18, 2013
The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned Early Dispute Resolution designed to assist businesses with effectively managing disputes as quickly as possible after they arise.

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Dallas Appeals Court Refuses to Compel Arbitration Using Equitable Estoppel

By Beth Graham - October 17, 2013
The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel.

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Regulation of Dispute Resolution in the United States of America

By Beth Graham - October 15, 2013
Carrie Menkel-Meadow, Professor of Law at the Georgetown University Law Center and Chancellor's Professor of Law At the University of California Irvine School of Law, has published "Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’" in Regulating Dispute Resolution: ADR and Access to Justice at the Crossroads, Felix Steffek, Hannes Unberath, Hazel Genn, Reinhard Greger & Carrie

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N. D. Texas Holds Prior Arbitration Precludes Fraud Claim in Merger Dispute

By Beth Graham - October 10, 2013
The Northern District of Texas has reportedly dismissed a lawsuit after determining that an arbitration panel’s decision precluded the plaintiffs’ fraud claim.

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Fourth District Appeals Court Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio

By Beth Graham - October 8, 2013
Texas’ Fourth District has held that an arbitration provision in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute.

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October 2013 Supreme Court Term Begins

By Beth Graham - October 7, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138.

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FINRA Considering Whether Firms Should be Required to Carry Insurance to Pay Arbitration Awards

By Beth Graham - October 4, 2013
The Financial Industry Regulatory Authority (“FINRA”) is reportedly considering whether to require brokerage firms to purchase and maintain errors and omissions insurance policies that would be used to pay investors following arbitration.

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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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