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Archived articles from May 2014
11 articles found
Ethics Consultations and Conflict Engagement in Health Care
By Beth Graham - May 29, 2014
Charity Scott, Catherine C. Henson Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law, has published a thought-provoking article entitled, Ethics Consultations and Conflict Engagement in Health Care, Cardozo J. of Conflict Resolution, Vol. 15, pp. 363-423, 2014; Georgia State University College of Law, Legal Studies Research Paper No. 2014-11.
Texas Supreme Court Holds Arbitrator’s Partial Disclosure of Information Supports Finding of Evident Partiality
By Beth Graham - May 28, 2014
On Friday, the Supreme Court of Texas held that a neutral arbitrator’s partial disclosure of relevant facts that might reasonably lead an objective observer to believe he was biased towards one party constitutes evident partiality.
U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration
By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.
Amarillo Appeals Court Finds Arbitral Award Issued After Deadline May Not be Confirmed
By Beth Graham - May 22, 2014
Texas’ Seventh Court of Appeals in Amarillo has ruled that trial courts may not confirm an arbitral award that was issued after a deadline imposed by a court or the parties’ agreement.
Texas Supreme Court Holds Law Firm Did Not Waive Arbitration in Fee Dispute
By Beth Graham - May 21, 2014
The Supreme Court of Texas has held that a law firm did not waive its right to arbitrate a fee dispute with a former client after the firm sued one of its former associates who continued to represent the client after the associate left the firm.
U.S. Supreme Court Refuses to Consider Class Arbitration Appeal
By Beth Graham - May 21, 2014
The Supreme Court of the United States has refused to consider whether an arbitrator, rather than a court, is properly tasked with deciding if an arbitral agreement permits class arbitration.
Informed Consent in Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring the Mediator’s Ethical Duties
By Beth Graham - May 19, 2014
Michael Thomas Colatrella Jr., Associate Professor of Law at the University of the Pacific’s McGeorge School of Law has published a thoughtful article entitled, Informed Consent in Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring the Mediator's Ethical Duties, Cardozo Journal of Conflict Resolution, Vol.15:705, No.3, 2014.
Dallas COA Holds TAA Preempts Collateral Fraud Claims
By Beth Graham - May 12, 2014
Last month, the Dallas Court of Appeals held that fraud claims brought against opposing parties in an arbitration proceeding, counsel for the opposing parties, an arbitrator, and JAMS are preempted by the Texas Arbitration Act (TAA).
‘Gap Filling’ by Arbitrators
By Beth Graham - May 12, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published 'Gap Filling' by Arbitrators, International Council for Commercial Arbitration, Congress Series, 2014, Forthcoming.
Book Review: Short and Happy Guide to Mediation by Will Pryor
By Renee Kolar - May 9, 2014
Will Pryor's "Short and Happy Guide to Mediation" is both. You can read it in a sitting, and probably will.
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