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Archived articles from March 2019
16 articles found
Past As Prologue: Arbitration as an Early Common Law Court
By Beth Graham - March 28, 2019
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Past As Prologue: Arbitration as an Early Common Law Court,” 57 Houston Law Review__ (2020, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-05.
SCOTX Asked to Weigh in on Oil & Gas Arbitration Dispute
By Beth Graham - March 27, 2019
An oil company and several related entities have asked the Supreme Court of Texas to consider whether non-signatory assignees may be compelled to arbitrate their claims following an indemnity dispute.
WIPO Arbitration and Mediation Center Received Record Number of Case Requests in 2018
By Beth Graham - March 26, 2019
The World Intellectual Property Organization (“WIPO”) has announced its Arbitration and Mediation Center received a 15 percent increase in mediation, arbitration, and expert determination case requests in 2018.
New Jersey Law Attempts to Bar Pre-Dispute Arbitration Clauses in Workplace Sexual Harassment Cases
By Beth Graham - March 25, 2019
Last week, New Jersey Governor Phil Murphy signed a bill that may be an attempt to ban pre-dispute arbitration agreements for workplace sexual harassment and discrimination claims.
Infinite Arbitration Clauses
By Beth Graham - March 22, 2019
University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming).
Fifth Circuit Once Again Reverses Order Compelling Arbitration in Wind Energy Dispute
By Beth Graham - March 21, 2019
The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case.
ABA Passes New Guidelines on the Appointment and Use of Special Masters
By Kyle Bailey - March 19, 2019
At the January 2019 Midyear Meeting, the American Bar Association adopted the ABA Guidelines for the Appointment and Use of Special Masters in Federal and State Civil Litigation.
Beaumont COA Reverses Order Vacating Arbitration Award in Construction Dispute
By Beth Graham - March 14, 2019
The Ninth District Court of Appeals in Beaumont has reversed a trial court’s order vacating an arbitration award due to evident partiality.
Federal Mediation Privilege: Considerations for Patent Mediation
By Kyle Bailey - March 13, 2019
Participants in patent mediation must be careful not to make assumptions regarding mediation privilege.
Proposed Federal Laws Would Bar Certain Mandatory Pre-Dispute Arbitration and Class Waiver Agreements
By Beth Graham - March 11, 2019
On February 28th, Georgia Representative Hank Johnson and Connecticut Senator Richard Blumenthal introduced legislation that would prohibit pre-dispute mandatory arbitration clauses in employment, consumer, antitrust, and civil rights cases, but allow parties to agree to arbitration in the event a dispute arises.
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