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Archived articles from August 2016
10 articles found
The Arbitrator Survey: Practices, Preferences and Changes on the Horizon
By Beth Graham - August 25, 2016
Edna Sussman, SussmanADR LLC, has published “The Arbitrator Survey: Practices, Preferences and Changes on the Horizon,” The American Review of International Arbitration, 2015/Vol. 26, No. 4.
Circuit Split Over Collective Action Waivers in Employer’s Arbitration Agreement Continues to Widen
By Beth Graham - August 24, 2016
On Monday, the Ninth Circuit Court of Appeals ruled in a published opinion that a class action waiver included in an employer’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) and California law.
Update on Attorney/Client Arbitration and Handling Client Disputes
By Beth Graham - August 22, 2016
Texas attorneys who are interested in learning more about how to handle disputes with clients using arbitration are encouraged to tune in to an upcoming Texas Bar CLE live webcast on August 25th from 2-3 pm CST.
Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements
By Beth Graham - August 19, 2016
The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).
Regulating Arbitration
By Beth Graham - August 16, 2016
Rutgers Law School Assistant Professor David L. Noll has published “Regulating Arbitration,” California Law Review, Forthcoming.
Fifth Circuit Orders FLSA Dispute to Arbitration Based on Delegation Clause in Employer’s Arbitration Policy
By Beth Graham - August 10, 2016
The nation’s Fifth Circuit Court of Appeals has ruled that a delegation clause stating gateway determinations regarding arbitrability must be decided by an arbitrator applied to an oil worker’s preexisting Fair Labor Standards Act (“FLSA”) claim.
The Rules of the CAS Anti-Doping Division and the CAS Ad Hoc Division at the Olympic Games
By Beth Graham - August 8, 2016
Despina Mavromati, Managing Counsel and Head of Research & Mediation at the Court of Arbitration for Sport, has written a timely paper entitled, “The Rules of the CAS Anti-Doping Division and the CAS Ad Hoc Division at the Olympic Games.”
San Antonio COA Holds Payday Lender Did Not Waive Right to Arbitrate When it Filed Criminal Charges Against Customers
By Beth Graham - August 4, 2016
In a 2-1 decision, Texas’ Fourth Court of Appeals in San Antonio has ruled that a payday loan business did not waive its right to engage in arbitration when the company filed criminal complaints against its defaulting customers.
Special Masters: A Different Answer to a Perennial Problem
By Beth Graham - August 3, 2016
Disputing is proud to announce that "Special Masters: A Different Answer to a Perennial Problem" by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.
Supreme Court of Texas Holds Company Did Not Waive Right to Arbitration
By Beth Graham - August 1, 2016
The Supreme Court of Texas has ruled that a company did not waive its right to arbitration by engaging in the litigation process with a third party.
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