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Archived articles from 2014
173 articles found
Disappearing Claims and the Erosion of Public Law
By Beth Graham - December 8, 2014
Maria Glover, Associate Professor of Law at the Georgetown University Law Center, has authored an interesting scholarly article entitled, Disappearing Claims and the Erosion of Public Law, Yale Law Journal, Vol. 124, Forthcoming.
New CPR Cross-Border Business Transaction Rules Now in Effect
By Beth Graham - December 6, 2014
New International Institute for Conflict Prevention and Resolution (“CPR”) Rules for use in cross-border business transactions became effective on December 1, 2014.
Managing Litigation: The Benefits of Early Intervention
By Karl Bayer - December 3, 2014
Disputing would like to congratulate our friend Paul M. Lurie, Partner at Schiff Hardin LLP, on his recent participation in a New York Law School CLE entitled, “Managing Litigation: The Benefits of Early Intervention.”
Arbitration Trends 2014
By Beth Graham - December 2, 2014
A survey recently conducted by Today’s General Counsel asked in-house attorneys about their thoughts on arbitration. The results published in Arbitration Trends 2014 indicate that nearly half of lawyers surveyed normally choose arbitration over traditional litigation because it is required by contract.
NLRB Again Rules Class-Action Arbitration Waivers Violate the NLRA
By Beth Graham - December 1, 2014
The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a company, Murphy Oil, required an Alabama employee to sign a binding arbitration agreement as a condition of employment.
Use and Perception of International Commercial Mediation and Conciliation
By Beth Graham - November 26, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” University of Missouri School of Law Legal Studies Research Paper No. 2014-28.
FINRA Orders Wealth Management Firm to Pay 19 Exxon Retirees $3.8 Million
By Beth Graham - November 25, 2014
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts. In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance.
Part Four: Arbitration in Evolution
By Beth Graham - November 24, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration pr
Part Three: Arbitration in Evolution
By Beth Graham - November 22, 2014
In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The authors’ work examines much of the data obtained in a recent survey concerning the state of commercial arbitration practice in both U.S. and
Special Masters: How to Make the Best of Both Worlds, Part II
By Merril Hirsh, James M. Rhodes & Karl Bayer - November 20, 2014
OK, so in Part One we all agreed that we need to give people a better choice than the one between a system of civil litigation that does a great job of permitting appeals, but is perceived to be, or is, too cumbersome or expensive to resolve disputes; and a system of arbitration that, one hopes, is cheaper, but does not permit, at least the judicial appeal that parties might wish to have available if the arbitrator gets it “wrong.”
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