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Archived articles from 2016
107 articles found
U.S. Department of Education Seeks to Constrain Use of Mandatory Arbitration Provisions by For-Profit Colleges
By Beth Graham - April 1, 2016
The United States Department of Education recently proposed to adopt measures designed to constrain the use of mandatory arbitration provisions by for-profit colleges that receive federal student aid.
Using Guided Choice to Increase Satisfaction with the Value of Mediators
By Beth Graham - March 30, 2016
In general, Guided Choice is a series of strategies used to provide real measurable value to clients and influence the selection of both lawyers and mediators.
Supreme Court of Texas Asked to Vacate Arbitrator’s $3M Legal Fees Award
By Beth Graham - March 28, 2016
The Texas Supreme Court is currently considering a petition for review in a unique case involving arbitration. Three years ago, a business filed a motion seeking to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm in Dallas County.
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.
9th Circuit botches another arbitration case
By Beth Graham - March 24, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.”
Epistemic Communities, Negotiation Theory and International Lawmaking at the United Nations Commission on International Trade Law
By Beth Graham - March 23, 2016
University of Missouri School of Law Professor S.I. Strong has authored “Clash of Cultures: Epistemic Communities, Negotiation Theory and International Lawmaking at the United Nations Commission on International Trade Law (UNCITRAL),” 50 Akron Law Review, 2016, (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2016-08.
NLRB Orders California Grocery Chain to Revise Arbitration Agreement Banning Workers From Maintaining Class Actions
By Beth Graham - March 21, 2016
The National Labor Relations Board (“NLRB”) has once again ordered an employer to stop “[m]aintaining and/or enforcing a mandatory arbitration policy that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums, whether arbitral or judicial.”
NLRB Continues Attack on Class and Collective Action Waivers
By Beth Graham - March 16, 2016
The National Labor Relations Board (“NLRB”) has ruled that an employer, Samsung Electronics, violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by requiring workers to waive their right to engage in collective action over employment-related claims in both arbitral or judicial forums as a condition of employment.
International Arbitration, Judicial Education, and Legal Elites
By Beth Graham - March 15, 2016
Catherine A. Rogers, Professor of Law, Paul and Marjorie Price Faculty Scholar, and Professor of Ethics, Regulation & The Rule of Law at Penn State Law and Director of the Institute for Ethics, Regulation & The Rule of Law at Queen Mary University of London, has published “International Arbitration, Judicial Education, and Legal Elites,” Journal of Dispute Resolution, Vol. 2015, No. 71, 2015; Penn State Law Research Paper No. 19-2015.
Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable
By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.
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