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Archived articles from July 2019

7 articles found

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

By Beth Graham - July 30, 2019
The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States.

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Does International Arbitration Enfeeble or Enhance Local Legal Institutions?

By Beth Graham - July 19, 2019
Catherine A. Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation & the Rule of Law at Queen Mary, University of London, and Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, have written “Does International Arbitration Enfeeble or Enhance Local Legal Institutions?,” Legitimacy in Investment Arbitration (forthcoming Cambridge University Press 2019).

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SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention

By Beth Graham - July 11, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.

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Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case

By Beth Graham - July 10, 2019
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.

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Fifth Circuit Withdraws Prior Opinion in Case Involving Arbitration

By Beth Graham - July 9, 2019
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.

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Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone

By Beth Graham - July 5, 2019
Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professorship in Empirical Research at Mitchell Hamline School of Law, has published a thoughtful journal article titled, “Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone,” Ohio State Journal on Dispute Resolution, Vol. 34, No. 3, 2019.

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SCOTX Grants Petition For Review Over Local Government Arbitration Question

By Beth Graham - July 1, 2019
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.

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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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