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Archived articles from 2019
86 articles found
Legal Authorities and Comparative Law in International Commercial Arbitration
By Beth Graham - September 25, 2019
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published, “Legal Authorities and Comparative Law in International Commercial Arbitration: Best Practices versus Empirically Determined Actual Practices;” 1 Ius Comparatum __ (2020 Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-18.
Amazon Asks Federal Court to Compel Arbitration in Alexa Children’s Privacy Lawsuit
By Beth Graham - September 24, 2019
Retail giant Amazon has reportedly asked a Washington federal court to send a proposed class action lawsuit that was brought against the company in June to arbitration.
Pouring a Little Psychological Cold Water on ODR
By Beth Graham - September 10, 2019
Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming.
Fifth Circuit Holds Insurer Not Required to Fund Wage and Hour Arbitrations Due to Lack of Timely Notice
By Beth Graham - September 9, 2019
A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice of the first claim.
Bargaining in the (Murky) Shadow of Arbitration
By Beth Graham - August 27, 2019
Jill Gross, Associate Dean for Academic Affairs and Professor of Law at Pace University’s Elisabeth Haub School of Law, has published “Bargaining in the (Murky) Shadow of Arbitration,” Harvard Negotiation Law Review, Vol. 24, 2019.
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide
By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
Mind the Gap: Bringing Technology to the Mediation Table
By Beth Graham - August 7, 2019
Alyson Carrel, Clinical Associate Professor and Assistant Dean of Law and Technology Initiatives at Northwestern University Pritzker School of Law, and Noam Ebner, Professor of Negotiation and Conflict Resolution in the Department of Interdisciplinary Studies at Creighton University, have published “Mind the Gap: Bringing Technology to the Mediation Table,” Journal of Dispute Resolution, 2019 (2), 1-45.
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.
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).
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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