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Archived articles from November 2018

10 articles found

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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SCOTX Will Not Consider $16 Million Arbitration Award Arising Out of Energy Dispute

By Beth Graham - November 19, 2018
On Friday, the Supreme Court of Texas declined to consider whether a Travis County trial court’s order confirming an arbitration award should be overturned because no transcription of the arbitration hearing was created.

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S.D. Texas Orders Independent Contractor’s Lawsuit Filed Against Nonsignatory to Arbitration

By Beth Graham - November 16, 2018
The Southern District of Texas has ordered a proposed class action lawsuit that was filed over an organization’s alleged violations of the Fair Labor Standards Act (“FLSA”) to arbitration.

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Dallas COA Rules No Right to Interlocutory Judicial Review of Arbitration Panel’s Order

By Beth Graham - November 15, 2018
Texas’s Fifth District Court of Appeals in Dallas has issued an opinion stating neither the Texas Arbitration Act (“TAA”) nor Section 150.002 of the Texas Civil Practice and Remedies Code provides a party to an arbitration proceeding with the right to file an interlocutory appeal.

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Inside the Black Box: The Preferences, Practices, and Rule Interpretations of Construction

By Beth Graham - November 14, 2018
An interesting article focused on the arbitration of construction disputes was recently published by Dean B. Thomson and Jesse R. Orman, shareholders in the Construction Law Department of Fabyanske, Westra, Hart & Thomson, P.A., in Minneapolis. 

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El Paso COA Rules on Pre-Arbitration Discovery in Mandamus Relief Case

By Beth Graham - November 13, 2018
The Eighth District Court of Appeals in El Paso has once again conditionally granted mandamus relief in an arbitration dispute between Dish Network, LLC and a former employee. 

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Beaumont COA Upholds $460K Legal Malpractice Arbitration Award

By Beth Graham - November 12, 2018
The Ninth District Court of Appeals at Beaumont has upheld an arbitrator’s nearly $460,000 legal malpractice award despite claims the arbitrator exceeded his authority by failing to follow Texas law. 

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The ICSID Conciliation Rules in Practice

By Beth Graham - November 7, 2018
Frauke Nitschke, Team Leader and Legal Counsel on one of the Case Management Teams at the International Centre for Settlement of Investment Disputes has published “The ICSID Conciliation Rules in Practice,” Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 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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