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Archived articles from September 2018

8 articles found

ND Texas in Dallas Confirms $141 Million Arbitration Award in Software Dispute

By Beth Graham - September 28, 2018
The Northern District of Texas has accepted the findings and recommendations of a magistrate judge and confirmed an arbitration award of more than $141 million in a software licensing dispute.

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SCOTX Declines to Consider Whether Man’s Defamation Claim Against Baylor University Should be Arbitrated

By Beth Graham - September 24, 2018
The Supreme Court of Texas has declined to consider a man’s claim that his defamation case against Baylor University, the school’s President, regents, and legal counsel should be arbitrated. 

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Contextual Analysis in Arbitration

By Beth Graham - September 17, 2018
Pat K. Chew, Judge Quint A. Salmon and Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published “Contextual Analysis in Arbitration,” SMU Law Review, Vol. 70, p. 837, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2018-28. 

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SBOT Professional Ethics Committee Issues New Opinion Regarding Lawyer-Mediators

By Beth Graham - September 14, 2018
The Professional Ethics Committee for the State Bar of Texas recently issued a written opinion regarding whether it is permissible for a Texas attorney-mediator to prepare a post-mediation written agreement memorializing any agreed-upon terms and also offer guidance to the parties regarding the inclusion of additional terms that were not previously discussed during the mediation process.

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Arbitration Nation: Data from Four Providers

By Beth Graham - September 12, 2018
Andrea Chandrasekher, Professor of Law at the University of California, Davis, School of Law, and David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, have published “Arbitration Nation: Data from Four Providers,” California Law Review, Vol. 107 (forthcoming 2019).

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Circuit Split Widens Over Securities Broker-Dealer Attempts to Avoid FINRA Arbitration

By Beth Graham - September 11, 2018
The United States Court of Appeals for the Third Circuit has deepened a circuit split regarding whether a securities brokerage may deny clients access to the Financial Industry Regulatory Authority (“FINRA”) arbitral forum using a forum-selection clause.

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Fifth Circuit Affirms Vacatur After Arbitrator Exceeded His Authority

By Beth Graham - September 10, 2018
The United States Court of Appeals for the Fifth Circuit has held an arbitrator exceeded his authority when he reformed a multi-million dollar contract between two companies.

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Houston COA Holds Administrator Not Bound by Will’s Arbitration Provision

By Beth Graham - September 7, 2018
A Houston appeals court has ruled that the administrator of an estate is not bound by an arbitration clause that was contained in a will.

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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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