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Archived articles from 2018

88 articles found

SCOTX Reverses Order Denying Arbitration in Dallas County Structured Settlement Transfer Case

By Beth Graham - December 26, 2018
On Friday, the Supreme Court of Texas reversed a lower court’s order denying a party’s motion to compel arbitration because a provision included in a structured settlement transfer agreement stated the question of arbitrability was one for an arbitrator to decide.

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El Paso COA Affirms Order Denying Arbitration in Discrimination and Retaliation Case

By Beth Graham - December 21, 2018
The Eighth District Court of Appeals in El Paso has affirmed a trial court’s order denying arbitration in a discrimination and retaliation lawsuit. 

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Where To, #MeToo?

By Beth Graham - December 17, 2018
Jean R. Sternlight, Michael and Sonja Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published “Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?,” Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 54, 2019, Forthcoming. 

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Jay-Z Withdraws Motion for Preliminary Injunction After AAA Pledges to Diversify Arbitrator Roster

By Beth Graham - December 16, 2018
Hip-hop musician Jay-Z has formally withdrawn his request for a preliminary injunction and stay of arbitration after the American Arbitration Association (“AAA”) pledged to expand the organization’s roster of African-American arbitrators. 

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Fifth Circuit Vacates Northern District of Texas Order Compelling Arbitration

By Beth Graham - December 10, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration.

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Cyber Intrusion As the Guerrilla Tactic: An Appraisal of Historical Challenges in an Age of Technology and Big Data

By Beth Graham - December 5, 2018
Arbitrator and Mediator Edna Sussman, Principal at SussmanADR, LLC and Distinguished ADR Practitioner in Residence at Fordham University School of Law, has published a useful and timely article titled “Cyber Intrusion As the Guerrilla Tactic: An Appraisal of Historical Challenges in an Age of Technology and Big Data,” Forthcoming, Jean Kalicki and Mohamed Abdel Raouf, eds., Evolution and Adaptation: The Future of International Arbitration, ICCA C

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Jay-Z Successfully Convinces NY Court to Issue TRO in AAA Arbitration Based on Lack of Arbitrator Diversity

By Beth Graham - December 4, 2018
Hip-hop musician Jay-Z has successfully convinced a New York judge to temporarily halt American Arbitration Association (“AAA”) arbitration proceedings based on a lack of arbitrator diversity. 

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Arbitrators and the Interpretation of Contacts

By Beth Graham - November 29, 2018
Professor Alan Scott Rau, Mark G. & Judy G. Yudof Chair in Law at the University of Texas at Austin School of Law, has published “Arbitrators and the Interpretation of Contacts,” American Review of International Arbitration, 2019 (Forthcoming). 

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Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide

By Beth Graham - November 21, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide.

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Flipping the Classroom to Teach Workplace ADR in an Intensive Environment

By Beth Graham - November 20, 2018
Professor Martin H. Malin, Director of the Institute for Law and the Workplace at Chicago-Kent College of Law, and Deborah Ginsberg, Educational Technology Librarian at Chicago-Kent Law Library, have published “Flipping the Classroom to Teach Workplace ADR in an Intensive Environment,” 67 Journal of Legal Education 618 (2018). 

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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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