Karl Bayer's Disputing Blog » 2018

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

By Beth Graham - February 27, 2018

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Texas AG Joins Bipartisan Group Urging Congress to Act on Mandatory Arbitration of Workplace Sexual Harassment Claims

By Beth Graham - February 15, 2018

The Texas Attorney General has reportedly joined a bipartisan group comprised of representatives from 56 states and U.S. territories in a call for federal legislation that would prohibit employers from requiring victims of workplace sexual harassment to engage in mandatory arbitration.

Arbitrator Intelligence: From Intuition to Data in Arbitrator Appointments

By Beth Graham - February 12, 2018

Catherine A. Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation, and the Rule of Law at Queen Mary, University of London, has published “Arbitrator Intelligence: From Intuition to Data in Arbitrator Appointments,” New York Dispute Resolution Lawyer Volume 11 No. 2 (Spring 2018).

FINRA Releases New Report Regarding Unpaid Arbitration Awards

By Beth Graham - February 9, 2018

Yesterday, the Financial Industry Regulatory Authority (“FINRA”) published a report stating between 22 and 30 percent of arbitration awards issued through the organization's forum went unpaid between 2010 and 2016.

5th Circuit Affirms Order Denying Motion for Vacatur of Arbitration Panel’s Unanimous Decision in $586 Million Louisiana Barrier Islands Case

By Beth Graham - February 8, 2018

In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit has upheld a district court’s decision refusing to vacate an arbitration panel’s unanimous order.

Negotiation Via Text Messaging

By Beth Graham - February 7, 2018

Noam Ebner, Professor of Negotiation and Conflict Resolution at Creighton University Graduate School’s Department of Interdisciplinary Studies, has written a timely book chapter titled, “Negotiation Via Text Messaging,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator's Desk Reference. St Paul: DRI Press.

SCOTUS Declines to Hear Arbitration Dispute Over Texas Wind Energy Contract

By Beth Graham - February 6, 2018

The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration.

Court of Arbitration for Sport Overturns Lifetime Olympics Ban for 28 Russian Athletes Accused of Doping

By Beth Graham - February 5, 2018

Last week, the Court of Arbitration for Sport (“CAS”) delivered a decision related to 39 lifetime athlete bans that were issued by the Disciplinary Commission of the International Olympic Committee (“IOC”).