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All articles by victoria
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CIArb Declares Universal Arbitration is the Way Forward
By Victoria VanBuren - December 11, 2012
Leading arbitration expert Jan Paulsson argued that universal arbitration is the only way forward if arbitration is to be more inclusive and arbitrators from non-western countries are to operate on a level playing field. Speaking at The Chartered Institute of Arbitrators’ (CIArb) Alexander Lecture entitled Universal Arbitration – what we gain, what we lose on Thursday 29 November, Paulsson referred to the term ‘universal arbitration’ not in a leg
U.S. Supreme Court Grants Certiorari to Yet Another Class Arbitration Case
By Victoria VanBuren - December 10, 2012
On December 7, 2012, the U.S. Supreme Court granted certiorari to Oxford Health Plans LLC v. Sutter, Docket No. 12-135. The case below is: Sutter v. Oxford Health Plans LLC, 675 F.3d 215 (3d Cir. N.J. 2012). The questions presented is as follows: In Stolt-Nielsen v. AnimalFeeds International Corp., 130 S. Ct. 1758, 1776 (2010), this Court made clear that “class-action arbitration changes the nature of arbitration to such a degree that it ca
Book | Class, Mass and Collective Arbitration in National and International Law
By Victoria VanBuren - December 7, 2012
Professor S.I. Strong (University of Missouri School of Law) has just posted a draft chapter from her upcoming book, Class, Mass and Collective Arbitration in National and International Law, on SSRN. The title will be published by Oxford University Press in spring 2013 and will be the first monograph dedicated to large-scale arbitration. Professor Strong told us that the chapter posted addresses various issues relating to the interpretation of ar
CIArb Well Placed to Provide Arbitral Services to New Regulatory Body
By Victoria VanBuren - December 4, 2012
Further to the recent publication of the Leveson Report, “An inquiry into the culture, practices and ethics of the press”, the Chartered Institute of Arbitrators (CIArb) is well placed to provide arbitral services to a newly created independent regulatory body. In his report published on 29 November 2012, Lord Justice Leveson proposed the use of arbitration as an “essential component” in resolving civil disputes involving the press and the establ
The Guide to Dispute Resolution Processes
By Victoria VanBuren - November 29, 2012
The American Bar Association (ABA) Guide to Dispute Resolution Processes is designed to educate members of the public about dispute resolution processes commonly used to resolve legal, community, school, public policy and many other types of disputes. You may download the Guide (for free) here. “What Is Dispute Resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict,
Developments in International Arbitration: Austria, Turkey, Ecuador, UK, Cyprus & Malaysia
By Victoria VanBuren - November 27, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office(free registration is required to view the articles): Austria: Supreme Court takes restrictive view on state immunity Istanbul: Istanbul set to become international arbitration centre Ecuador: Arbitral tribunal rules against Ecuador United Kingdom: English courts may enforce award that has been set aside Cyprus: Im
MA Supreme Court Rules that Mediation by a Disbarred Attorney May Constitute the Practice of Law
By Victoria VanBuren - November 21, 2012
In In the Matter of Anthony Raoul Bott, 462 Mass. 430 (2012), an attorney resigned from the Massachusetts bar due to a disciplinary action in 2005. Five years later, and after his completion of a mediation training program, he petitioned the Court to serve as a mediator. The issue before the Massachusetts Supreme Judicial Court was whether mediation,when performed by an attorney who has resigned from the practice of law while the subject of disci
Harvard Program on Negotiation | Mediation Secrets for Better Business Negotiations: Top Mediator Techniques | Free Report
By Victoria VanBuren - November 20, 2012
The Program on Negotiation at Harvard Law School is offering a free report Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts. Get your Report here.
The Chartered Institute of Arbitrators Signs Flagship Agreement with the University CEU of San Pablo
By Victoria VanBuren - November 19, 2012
07 November 2012 An agreement setting out the terms for the development of a research plan in the area of Alternative Dispute Resolution (ADR) has been signed by the Chartered Institute of Arbitrators (CIArb) and the University CEU of San Pablo in Madrid. The agreement, which outlines a number of major initiatives, was signed by Anthony Abrahams, Director General of CIArb, and Juan Carlos Dominguez Nafria, Chancellor of the university. Mr Abraham
Fifth Circuit Reverses the Vacatur of a FINRA Award Because the Award was not Procured by Fraud and the Arbitrators did not Exceed Their Powers
By Victoria VanBuren - November 15, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit reversed the vacatur of a FINRA Award because it disagreed with the district court’s finding that the award was procured by fraud, or in the alternative, that the arbitration panel exceeded its powers. Background In Morgan Keegan & Company, Inc., v. Garrett, et al, No. 11-20736 (5th Cir. Oct. 23, 2012), a group of eighteen investors (“Garrett”) brought a claim of statuto
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