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Archived articles from 2018

88 articles found

SCOTUS Agrees to Consider Arbitrability of Independent Contractor Agreements

By Beth Graham - March 12, 2018
The United States Supreme Court has granted certiorari in a case involving the arbitrability of independent contractor agreements. 

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Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked

By Beth Graham - March 10, 2018
The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration by substantially invoking “the judicial process to the detriment or prejudice of the other party.”

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Arbitration Order Bars Adult-Film Actress from Discussing Relationship with Trump

By Beth Graham - March 8, 2018
A representative for Donald Trump reportedly won an arbitration proceeding against an adult-film star just days before she filed a lawsuit against Trump in a California trial court.

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Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making

By Beth Graham - March 6, 2018
Professor David Horton, University of California, Davis, School of Law, has published “Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making,” Duke Law Journal, Vol. 68, Forthcoming. 

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SCOTX Agrees to Consider Whether Crop Insurance Dispute Was Properly Submitted to Arbitration

By Beth Graham - March 5, 2018
The Supreme Court of Texas has agreed to consider whether a crop insurance dispute was properly submitted to arbitration.

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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. 

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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.

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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).

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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.

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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. 

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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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