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Archived articles from March 2015
17 articles found
Where Have All The Idealists Gone? Long Time Passing, Part I
By Jeffrey Krivis - March 31, 2015
A recent discussion among a seasoned group of neutrals about the struggles of the professional mediator caught my eye. Some complained that the trend in litigated cases was to reduce the value of the mediator to a commodity, due to the constraints put on them by the litigants who were not process oriented.
Arbitration and Americanization: The Paternalism of Progressive Procedural Reform
By Beth Graham - March 30, 2015
Amalia D. Kessler, Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History at Stanford University, has authored “Arbitration and Americanization: The Paternalism of Progressive Procedural Reform,” Yale Law Journal, 2015 Forthcoming; Stanford Public Law Working Paper No. 2586550.
Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration
By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.
Consent Awards in International Arbitration: From Settlement to Enforcement
By Beth Graham - March 24, 2015
Dr. Yaraslau Kryvoi, Associate Professor at the University of West London and Senior Advisor to the International Courts Committee of the ABA Section of International Law, and Dr. Dmitry Davydenko, Visiting Fellow at Max Planck Institute for Comparative and International Private Law and Senior Associate with Muranov, Chernyakov & Partners, have published “Consent Awards in International Arbitration: From Settlement to Enforcement,” Brooklyn Journ
S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment Discrimination Case
By Beth Graham - March 23, 2015
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D. Tex., February 17, 2015), a woman, Valdez, filed a motion to compel arbitration against her former employer, Autozone, in the Southern District of Texas.
Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims
By Beth Graham - March 20, 2015
A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is currently before the Texas Legislature.
Special Masters: How To Make the Best of Both Worlds, Part IX
By Merril Hirsh, James Rhodes & Karl Bayer - March 19, 2015
In Part Eight, we talked about how, notwithstanding all the apparent benefits special masters can have for civil litigation, there is a rap, rightly or wrongly, on special masters that they can be (1) expensive and potentially ineffective if they merely add another layer of decision-making to challenge; (2) prone to alternate agenda; and (3) chosen because of connections to the judge, rather than management skills or independence. Yet, here we ar
The Will as an Implied Unilateral Arbitration Contract
By Beth Graham - March 19, 2015
E. Gary Spitko, Professor of Law at the Santa Clara University School of Law has published an interesting article entitled, “The Will as an Implied Unilateral Arbitration Contract,” Florida Law Review, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 6-15.
Fort Worth COA Orders Employment Dispute to Arbitration
By Beth Graham - March 18, 2015
Texas’ Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying arbitration in an employment dispute. In Brand FX, LLC v. Rhine, No. 02-14-00249-CV (Tex. App. – Fort Worth, February 26, 2015), a publicly traded Delaware company that manufactures trucking industry parts hired a Texas man, Rhine, to serve as its Chief Financial Officer in November 2013.
Special Masters: How To Make the Best of Both Worlds, Part VIII
By Merril Hirsh, James Rhodes & Karl Bayer - March 16, 2015
We’ve now spent several posts extolling the virtues of using special masters in such fervent tones that the invention of sliced bread has begun to pale by comparison. So why aren’t people using special masters on a routine basis to obtain these terrific benefits?
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