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Archived articles from 2020

69 articles found

SCOTUS Asked to Resolve Circuit Split Over U.S. Discovery in Foreign Private Commercial Arbitrations

By Beth Graham - December 23, 2020
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may see discovery in the United States under 28 U.S.C. § 1782(a).

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Arbitrator Diversity: Can It Be Achieved?

By Beth Graham - December 21, 2020
Professor Sarah Rudolph Cole, Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University’s Moritz College of Law,  has published “Arbitrator Diversity: Can It Be Achieved?” Washington University Law Review, Vol. 98; Ohio State Legal Studies Research Paper No. 581.

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Artificial Intelligence and Arbitration: The Computer as an Arbitrator — Are We There Yet?

By Beth Graham - November 24, 2020
Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of ADR Service for the Commercial Division at the American Arbitration Association in New York, and Steven Kuyan, Director of Entrepreneurship at New York University’s Tandon School of Engineering and Managing Director of the NYU Tandon Future Labs, have published “Artifi

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Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration

By Beth Graham - November 20, 2020
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable. 

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Remote Advocacy Through the Eyes of a Neutral

By Beth Graham - November 19, 2020
A team from remoteadvocacy.com had the pleasure of presenting “Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral” at the Center for American and International Law, Institute for Law and Technology, 58th Annual Conference on Intellectual Property Law.

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Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators

By Beth Graham - November 17, 2020
Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University's Caruso School of Law and Associate Dean of the Straus Institute for Dispute Resolution, has published “Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators,” Harvard Negotiation Law Review, Forthcoming; Pepperdine University Legal Studies Re

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SCOTX to Hear Reinstated Petition in Oil & Gas Arbitration Dispute

By Beth Graham - November 16, 2020
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute. 

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Arbitral Courts

By Beth Graham - November 10, 2020
Associate Professor of Law Pamela Bookman, Fordham University School of Law, has published an interesting law review article titled “Arbitral Courts,” Virginia Journal of International Law, Forthcoming. 

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Fifth Circuit Rules Plaintiff Waived Arbitration Right by Invoking the Judicial Process

By Beth Graham - November 9, 2020
The United States Court of Appeals for the Fifth Circuit has ruled a plaintiff waived his right to arbitration by substantially engaging in litigation. 

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Online Dispute Resolution and the Future of Justice

By Beth Graham - November 8, 2020
Colin Rule, CEO of mediate.com, has published an article titled, “Online Dispute Resolution and the Future of Justice,” Annual Review of Law and Social Science, Vol. 16, pp. 277-292, 2020.

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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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