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Archived articles from February 2017

10 articles found

NLRB Directs Regional Offices to Informally Settle Pending Cases Involving Class Waivers in an Employer’s Arbitration Agreement

By Beth Graham - February 28, 2017
Last month, the National Labor Relations Board (“NLRB”) issued a memo directing the agency’s regional offices to informally settle any pending cases involving employers who maintain arbitration agreements that bar workers from engaging in class or collective action when pursuing work-related claims.

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Dallas COA Orders Arbitration Based on Electronic Signature and Click Through User Agreement

By Beth Graham - February 27, 2017
Texas’ Fifth District Court of Appeals in Dallas has ordered a health care liability lawsuit to arbitration based on an online click through agreement and a financial responsibility contract that contained an agreement to arbitrate.

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Texas’ Twelfth COA Holds Arbitration Agreement in Employer’s Workplace Injury Plan Does Not Bind Worker’s Spouse

By Beth Graham - February 22, 2017
Texas’ Twelfth District Court of Appeals in Tyler has ruled that a nonsignatory spouse may not be bound by an arbitration agreement his wife entered into with her employer.

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Decalogue of Good Practices for Electronic Mediation

By Beth Graham - February 20, 2017
Aura Esther Vilalta, Senior Lecturer in Civil Law at the University of Oberta Cataluña, has written “Decalogue of Good Practices for Electronic Mediation,” Emedeu Project Edition, Forthcoming.

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ICSID Orders Ecuador to Pay $380 Million to U.S. Oil Exploration Company Over Investment Treaty Violations

By Beth Graham - February 16, 2017
An International Centre for Settlement of Investment Disputes (“ICSID”) arbitration tribunal has ordered the Republic of Ecuador to pay a ConocoPhillips wholly-owned subsidiary nearly $380 million related to Ecuador’s breach of a bilateral investment treaty (“BIT”) with the United States.

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Texas Federal Court Holds New DOL Regulations Do Not Violate the FAA

By Beth Graham - February 15, 2017
The Northern District of Texas has ruled new Department of Labor (“DOL”) regulations that would require financial institutions to preserve an investor’s right to bring or participate in a class action do not violate the Federal Arbitration Act (“FAA”).

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Should They Listen to Us?

By Beth Graham - February 10, 2017
Sanda Kaufman, Professor of Planning, Public Policy and Administration at Cleveland State University, Christopher Honeyman, Managing Partner of Convenor Conflict Management, and Andrea Kupfer Schneider, Professor of Law at Marquette University Law School have published an interesting journal article titled, “Should They Listen to Us? Seeking a Negotiation/Conflict Resolution Contribution to Practice in Intractable Conflicts,” Missouri Journal of

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Revised ICC International Court of Arbitration Rules Become Effective March 1st

By Beth Graham - February 8, 2017
On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.

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Two Houston Law Schools Ordered to Mediation Over Naming Dispute

By Beth Graham - February 6, 2017
A federal judge has reportedly ordered an ongoing naming dispute between two Texas law schools to mediation.

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Fifth Circuit Affirms Order Denying Arbitration in Ponzi Scheme Case

By Beth Graham - February 1, 2017
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order denying a motion to compel arbitration that was filed by a group of former Ponzi scheme employees.

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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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