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Archived articles from May 2016

6 articles found

Gateway-Schmateway: An Exchange between George Bermann and Alan Rau

By Beth Graham - May 25, 2016
The transcript of an interesting discussion between Professor Alan Scott Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas at Austin School of Law and affiliated faculty member of the Kay Bailey Hutchison Center for Energy, Law, and Business, and Professor George Bermann, Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and Director of the Center for International Commercial and Investment Arbitration at Col

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Arbitration Conducted Under the TAA May Not Be Vacated on Common-Law Grounds

By Beth Graham - May 21, 2016
On Friday, the Supreme Court of Texas ruled that an arbitral award may not be vacated under the Texas Arbitration Act (“TAA”) based on common-law grounds.

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Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count

By Beth Graham - May 11, 2016
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at Moritz College of Law, has published “Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count,” Alabama Law Review, Forthcoming; Ohio State Public Law Working Paper No. 344.

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Consumer Financial Protection Bureau Proposal Would Ban Mandatory Arbitration Provisions in Most Financial Contracts

By Beth Graham - May 10, 2016
The Consumer Financial Protection Bureau (“CFPB”) has proposed a plan to ban mandatory arbitration provisions in most consumer contracts entered into with banking institutions and credit card companies.

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The Arbitration Bootstrap

By Beth Graham - May 6, 2016
Christopher R. Leslie, Chancellor’s Professor of Law at the University of California, Irvine School of Law has published “The Arbitration Bootstrap,” Texas Law Review, Vol. 94, No. 2, 2015; UC Irvine School of Law Research Paper No. 2016-19. In his paper, Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.

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Western District of Texas Refuses to Stay Arbitration Proceedings in Wind Energy Dispute

By Beth Graham - May 4, 2016
The Western District of Texas has refused to stay arbitration proceedings in a dispute between a wind energy company, Papalote Creek, and the Lower Colorado River Authority (“LCRA”).

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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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