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Anti-arbitration Bills | Arbitration Fairness Act of 2011 and the Consumer Mobile Fairness Act of 2011
By Victoria VanBuren - October 25, 2011
Coverage of anti-arbitration bills is back. On October 13, 2011, the Senate Committee on the Judiciary held a hearing entitled Arbitration: Is It Fair When Forced? The hearing discussed the Arbitration Fairness Act and a report by Alliance for Justice, Arbitration Activism: How the Corporate Court Helps Business Evade Our Civil Justice System. The Webcast and links to witness testimony and member statements are here. David Lazarus at Los A
U.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
By Victoria VanBuren - October 24, 2011
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”) did not preempt enforcement of an agreement for expanded judicial review of an arbitration award enforceable under the Texas Arbitration Act (“TAA”). Such enforcement was consistent with the FAA’s purpose of ensuring that
Fifth Circuit Finds Information Contained in Arbitration Award Insufficient to Determine Insurance Coverage
By Victoria VanBuren - October 21, 2011
In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to arbitration and the arbitrators awarded Ergon almost $2 million, including
Texas Department of Transportation Wins ‘Don’t Mess with Texas’ Domain Name Dispute
By Victoria VanBuren - October 20, 2011
The Texas Department of Transportation won recently a domain name dispute for the domain name DontMessWithTexas.com. As readers may know, the Department uses the slogan Don’t Mess with Texas in its anti-litter campaign. Respondent, Privacy Protect.org / Domain Admin, did not submit a response. Under Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Resolution Policy (the “Policy”) the Complainant must prove each of the fol
ICC 9th Annual Miami Conference | Nov. 6, 2011
By Victoria VanBuren - October 19, 2011
The International Chamber of Commerce (“ICC”) will host its 9th Annual Miami Conference in Miami on Nov. 6, 2011. The event will launch the new ICC Rules of Arbitration, which have been revised to take into account new developments in international arbitration practice. Read more about the rules here. You may download the conference program here. Online registration is here. Technorati Tags: arbitration, ADR, law
U.S. Arbitration and Mediation Update | Oct. 2011
By Victoria VanBuren - October 18, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
CompuCredit Corp. v. Greenwood | Supreme Court Hears Oral Arguments
By Victoria VanBuren - October 17, 2011
Last week, the U. S. Supreme Court heard arguments on CompuCredit Corp. v. Greenwood, 563 U.S. _ (2011). The question presented is whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement. Find the transcript of the arguments here. Greenwood v. CompuCredit Corp., 615 F.3d 1204, 1205 (9th Cir. 2010) (opinion below) is here and Docket 10-948 is h
Welcome Kluwer Mediation Blog!
By Victoria VanBuren - October 14, 2011
We would like to welcome Kluwer Mediation to the blawgosphere! The blog, edited by professor Nadja Alexander and Bill Marsh, will also feature regular collaborators, including: Jeffrey Krivis, Joel Lee, Diane Levin, Geoff Sharp, Rafal Morek, and Machtel Pel. Check out the new Kluwer Mediation Blog here. Technorati Tags: ADR, law, arbitration
Ninth Circuit Rules that Pre-Dispute Mandatory Arbitration Clause Is Invalid Under the Magnuson-Moss Warranty Act
By Victoria VanBuren - October 13, 2011
In Kolev v. Euromotors West/The Auto Gallery, 2011 U.S. App. LEXIS 19254 (9th Cir. Cal. Sept. 20, 2011) a pre-owned car Diana Kolev (“Kolev”) purchased developed serious mechanical problems during the warranty period and the dealership refused to honor her warranty claims. Kolev sued for breach of warranties under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. Section 2301 et seq., breach of contract, and unconscionabi
American Review of International Arbitration | Arbitral Power and the Limits of Contract: The New Trilogy
By Victoria VanBuren - October 12, 2011
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Arbitral Power and the Limits of Contract: The New Trilogy (October 7, 2011). American Review of International Arbitration, Forthcoming. Here is the abstract: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and the last two terms of the U.S. Supreme Court have curiously continued th
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