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Archived articles from July 2014

18 articles found

Improving Judicial Performance in Matters Involving International Arbitration

By Beth Graham - July 30, 2014
University of Missouri School of Law Associate Professor S.I. Strong has published a chapter entitled Improving Judicial Performance in Matters Involving International Arbitration in Selected Topics in International Arbitration: Liber Amicorum, Julio César Betancourt, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-19.

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FINRA Announces Arbitration Task Force Created to Address Criticism

By Beth Graham - July 29, 2014
The Financial Industry Regulatory Authority ("FINRA") recently announced the formation of a task force that will examine possible improvements to “the transparency, impartiality and efficiency of FINRA's securities arbitration forum for all participants.”

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Fifth Circuit Says Decision to Remand a Dispute Back to Arbitral Panel for Clarification May Not be Appealed

By Beth Graham - July 28, 2014
On Friday, the United States Court of Appeals for the Fifth Circuit refused to review a district court’s decision to remand a dispute back to an arbitral panel.

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What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements

By Beth Graham - July 24, 2014
Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements, Marquette Law Review, Vol. 97, No. 3, 2014.

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Three Surveys Offering New Insights into ADR Practices

By Renee Kolar - July 22, 2014
Professor Thomas Stipanowich recently published information regarding three major surveys conducted by the The Straus Institute’s Theory-to-Practice Research Project that produced a wide array of new information on arbitrator and mediator practices as well as insights into corporate use of ADR.

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Does Mediation Still Promote Settlement?

By Renee Kolar - July 21, 2014
Experienced and well-renowned mediator, Jeffery Krivis, just posted an article on the current role of mediation in achieving efficient and cost-effective settlements entitled The Settlement Drift. Check it out!

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U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL

By Beth Graham - July 20, 2014
Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City.

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ABA / Straus Institute Survey of Corporate Counsel

By Thomas J. Stipanowich - July 18, 2014
One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee. The Institute’s work was conducted pursuant to a contractual agreement with PUCAT.

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The Settlement Drift, Part III

By Jeffrey Krivis - July 17, 2014
Some might argue that the system doesn't need fixing. After all, most providers and successful mediators are enjoying sizable financial benefits, and the courts continue to inundate private industry with referrals. Indeed, when the mediation process is successful it is a joy for all involved and a reminder of why the process gained such favor in the civil justice system.

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International Academy of Mediators (IAM) / Straus Institute Survey on Mediator Practices and Perceptions

By Thomas J. Stipanowich - July 16, 2014
The IAM-Straus Institute Survey on Mediator Practices and Perceptions, was conducted in the spring of 2014 and is one of the three recent surveys carried out by the Straus Institute under the umbrella of the Theory-to-Practice Research Project. It was facilitated by a grant from the IAM.

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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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