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Archived articles from 2018
88 articles found
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.
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.
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.
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.
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.
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.
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).
Reviewing the Use of “Soft Law” in Investment Arbitration
By Beth Graham - October 30, 2018
José E. Alvarez, Herbert and Rose Rubin Professor of International Law at New York University School of Law, has written “Reviewing the Use of ‘Soft Law’ in Investment Arbitration,” Vol. 7.2 European International Arbitration Review; NYU School of Law, Public Law Research Paper No. 18-46.
N.D. Texas Dismisses FLSA Case in Favor of Arbitration
By Beth Graham - October 29, 2018
The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act ("FLSA") claim because it should have been submitted to arbitration.
The Arbitration-Litigation Paradox
By Beth Graham - October 15, 2018
Assistant Professor of Law Pamela Bookman, Temple University Beasley School of Law, has written “The Arbitration-Litigation Paradox,” Vanderbilt Law Review, Forthcoming; Temple University Legal Studies Research Paper No. 2018-29.
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