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Archived articles from 2016
107 articles found
Expanding My Mediation Practice
By Karl Bayer - June 9, 2016
Many of you have asked and the answer is Yes! I am continuing to do complex mediations through my practice, Karl Bayer, Mediator, Arbitrator, and Court Master. I'm also pleased to announce that, thanks to the talents of my partner, we’ll now be doing smaller personal injury, employment, and family law mediations through our new joint venture, KolarBayer Law Firm.
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - June 9, 2016
Kristen Blankley, Assistant Professor of Law at the University of Nebraska College of Law, has published a thought-provoking paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Vol. 23, No. 3, 2016.
Karl Bayer and Disputing Featured by ABA, Texas Bar Today
By Beth Graham - June 8, 2016
There are many exciting things happening at Disputing!
The Impact of Investment Arbitration on Investment Treaty Design: Myth Versus Reality
By Beth Graham - June 4, 2016
Wolfgang Alschner, Post-doctoral Researcher at both the World Trade Institute and the Graduate Institute of International and Development Studies in Geneva, has performed an interesting empirical analysis focused on the impact of investment arbitration on treaty making.
Lawsuit Challenging the Department of Labor’s Ban on Class Action Waivers in Arbitration Filed in N. D. Texas
By Beth Graham - June 2, 2016
Yesterday, the Chamber of Commerce of the United States of America, the Securities Industry and Financial Markets Association, the Texas Association of Business, and a number of other organizations filed a lawsuit over the U. S. Department of Labor’s regulations regarding fiduciary conflict of interest rules for retirement plans.
Fifth Circuit Lacks Jurisdiction Over Order Compelling Arbitration in Movant’s Non-Preferred Forum
By Beth Graham - June 1, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that it lacks jurisdiction to consider an appeal from a lower court’s interlocutory order compelling arbitration in a different forum than the movant requested.
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
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.
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.
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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