Karl Bayer's Disputing Blog

What now, arbitration?

By Karl Bayer - May 12, 2006

Let’s all admit and accept the truth – within the next 10 years THE primary disputing system for most civil matters will be arbitration. Trial courts, juries and appellate courts will continue to dominate criminal and family matters and some personal injury cases. Who knows what will happen with cases involving Information Law. Whine about it, complain, tilt at windmills, but get over it – and quickly. Staying out of arbitration or challeng

We are on to something BIG and MYSTERIOUS!

By Karl Bayer - September 20, 2005

The collision of the right to contract, arbitration, substantive civil law, separation of church and state, and civil rights embodied in Canada’s (now seemingly interminable) struggle with faith-based arbitration must have created the Rorshach test of all inkblots for liberals and conservatives alike. Heads and hearts must be about to explode everywhere in Ontario. Although we are puzzled with (1)why this debate lingers, (2) the cognitive d

Is unconscionability becoming a stronger basis for denying enforcement of arbitral awards?

By Karl Bayer - September 20, 2005

Guest blogger, Rick Freeman, wrote yesterday about a recent San Antonio Court of Appeals case upholding a finding that the AAA‘s estimate of costs and fees was so high as to make the requirement of arbitration unconscionable. Today the U.S. District Court for the Western District of Missouri found an arbitration procedure developed by Amway and JAMS was substantively unconscionable. Judge Dorr could not accept (see p.24) the defendants R

Domain Name Disputes

By Karl Bayer - September 16, 2005

They’re in the news again. The National Arbitration Forum has just issued a decision in favor of AARP’s right to its pharmacy web address . Its nice to see an organized, reasoned opinion with references to other opinions ( both within and outside NAF ) and court cases as precedent. And on another happy note, in case there was any doubt, Bill Cosby IS Fat Albert. A panel of World Intellectual Property Organization arbitrators has ruled

What’s the right way to do discovery for securities arbitration?

By Karl Bayer - September 16, 2005

One of the big selling points for arbitration has been discovery is supposed to be cheaper and less formal. Many in practice would disagree, concluding instead that discovery has either become sloppy and incomplete or every bit as contentious, prolonged and expensive as the system its supposed to be an alternative to. In an effort to explore the problems and potential solutions, the National Association of Securities Dealers has announced a two y