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Archived articles from September 2014
15 articles found
Arbitration and the Contract Exchange
By Beth Graham - September 29, 2014
Andrew A. Schwartz, Associate Professor of Law at the University of Colorado Law School, has published Arbitration and the Contract Exchange, Ohio State Journal on Dispute Resolution, Vol. 29, No. 2, 2014; U of Colorado Law Legal Studies Research Paper No. 14-7.
Dallas COA Affirms Arbitral Award Despite Evident Partiality Claims
By Beth Graham - September 23, 2014
The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners.
Crossing the Threshold: Arbitral Jurisdiction after BG Group
By Beth Graham - September 22, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l'honneur de Pierre Mayer (2015 Forthcoming).
New AAA Consumer Arbitration Rules are Now in Effect
By Beth Graham - September 18, 2014
On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization. The new rules apply to all arbitral cases filed after September 1, 2014.
Houston COA Orders All Parties to Arbitration in High Stakes Legal Malpractice Lawsuit
By Beth Graham - September 17, 2014
Texas’ Fourteenth Court of Appeals in Houston has reversed a trial court’s order denying arbitration in a legal malpractice dispute. In Greenberg Traurig, LLP v. National American Ins. Co., National American Insurance Company (NAICO) retained the services of an attorney at Greenberg Traurig, LLP (Greenberg) to defend Okie Foundation Drilling Co., Inc. (Okie) in an appeal in an accidental death case.
Houston Appeals Court Holds Issue of Arbitrability is for Arbitration Panel to Decide
By Beth Graham - September 16, 2014
Texas’ First District Court of Appeals in Houston has affirmed a trial court’s ruling that it was up to an arbitral panel to determine whether it had jurisdiction to hear a corporate tax dispute. In Halliburton Co. v. KBR, Inc., No. 01-12-00949-CV, (Tex. App – Houston, September 11, 2014), Halliburton spun off its wholly-owned subsidiary KBR in 2007. Prior to the separation, the companies entered into a number of agreements including a Master Se
International Commercial Arbitration Coming to a Courthouse Near You
By Beth Graham - September 15, 2014
Retired Judge Judith S. Kaye, Skadden, Arps, Slate, Meagher & Flom LLP, and University of Missouri School of Law Professor S.I. Strong recently published International Commercial Arbitration Coming to a Courthouse Near You, 53 Judges’ Journal 20 (Summer 2014); University of Missouri School of Law Legal Studies Research Paper No. 2014-20.
Fifth Circuit Holds Texas Federal Court Committed Error When it Refused to Compel Arbitration
By Beth Graham - September 11, 2014
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. In Rushaid v. National Oilwell Varco, Inc., an oil drilling company (“Rushaid”) entered into a number of contracts with a group of related oil well companies.
Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices
By Beth Graham - September 10, 2014
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology in the Law and Public Policy program at Northeastern University, have published an interesting research paper entitled, Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices, Wake Forest Law Review (Forthcoming); Suffolk University Law School Research Paper No. 14-25.
El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable
By Beth Graham - September 9, 2014
Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.
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