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Archived articles from 2014
173 articles found
Houston Court Holds it Lacks Jurisdiction to Consider Interlocutory Appeal After Trial Court Compels Arbitration
By Beth Graham - September 8, 2014
Houston’s First District Court of Appeals has dismissed an interlocutory appeal over a trial court’s order compelling arbitration “for want of jurisdiction.”
Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses
By Beth Graham - September 5, 2014
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has authored Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses, Forthcoming 66 Hasting L.J. ___ (symposium issue #3, 2015)(draft paper); U of Texas Law, Public Law Research Paper No. 568.
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Individualized Injunctions and No-Modification Terms: Challenging ‘Anti-Reform’ Provisions in Arbitration Clauses
By Beth Graham - September 3, 2014
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law, has published Individualized Injunctions and No-Modification Terms: Challenging 'Anti-Reform' Provisions in Arbitration Clauses, University of Miami Law Review, 2014 Forthcoming; Cardozo Legal Studies Research Paper No. 437.
Fifth Circuit Holds Policy Exclusion Applies Where Arbitrator Relied on Express Warranty in Texas Construction Defect Case
By Beth Graham - September 2, 2014
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part III)
By Renee Kolar - August 29, 2014
In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict. Those five trends are: technology, globalization, insights through behavioral science and "big data," longer productive lives (active retirement), and education and credentialing in the professional practice.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part II)
By Renee Kolar - August 27, 2014
In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part I)
By Renee Kolar - August 25, 2014
Professor Stipanowich has recently completed another article for The Construction Lawyer titled Managing Construction Conflict: Unfinished Revolution, Continuing Evolution which discusses the evolution of different dispute resolution methods in the construction industry. While his paper focuses on the evolution of these methods in the construction industry, several of his findings are also indicative of trends in ADR evolution more generally. In
Arbitrability Decisions Before, During and After Arbitration
By Beth Graham - August 23, 2014
John James Barcelo III, William Nelson Cromwell Professor of International and Comparative Law and Elizabeth and Arthur Reich Director, Leo and Arvilla Berger International Legal Studies Program at Cornell University Law School, has authored Arbitrability Decisions Before, During, and After Arbitration, Liber Amicorum (2015), Forthcoming; Cornell Legal Studies Research Paper No. 14-24. In his publication, Professor Barcello examines the three pri
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution
By Renee Kolar - August 22, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law just completed yet another article for a special issue of The Construction Lawyer titled: Managing Construction Conflict: Unfinished Revolution, Continuing Evolution; Pepperdine University Legal Studies Research Paper No. 2014/22.
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