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2011 Year-End Highlights
Disputing’s 2011 Year-End Highlights Series
By Victoria VanBuren - January 9, 2012
Last week’s post concludes our 2011 Year-End Highlights series. If you missed some of the posts, you can find them here or by following the ‘2011 Year-End Highlights’ link on the right, under ‘Categories.’
Employment Arbitration | Jones v. Halliburton
By Victoria VanBuren - January 5, 2012
Jamie Leigh Jones’ saga concluded in 2011. Initially, the issue in her case was a motion to compel arbitration of her tort claims filed by Halliburton. Jones was successful in resisting arbitration in the Fifth Circuit (September 2009). At trial, however, a Houston jury ruled in Halliburton’s favor (July, 2011). In 2009, Jones’ case prompted the U.S. Senate to pass the “Franken Amendment” to H.R. 3326, which bars fun
2011 Mediation Case Law
By Victoria VanBuren - January 4, 2012
In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett
2011 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 3, 2012
In 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
Top 10 Most-Viewed Disputing Blog Posts of 2011
By Victoria VanBuren - January 2, 2012
Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2011: GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law (Feb. 25) GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May 2) AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision (May 5) GUEST-POST | Stolt-Nielsen Opens More Doors Than It Close
2011 Disputing Contributors
By Victoria VanBuren - December 29, 2011
During 2011, Disputing was honored to receive significant contributions from law professors and respected practitioners. Some of our blog contributors wrote guest-posts, others submitted comments via e-mail, and yet others alerted us of important developments in the ADR area. Thanks to our blog contributors for improving Disputing‘s legal scholarship! Special thanks to professor S.I. Strong for writing a whopping number of blog posts! Here are ou
Mediation: Questions You’ve Always Had but Were Afraid to Ask
By Victoria VanBuren - December 28, 2011
During 2011, we wrote a series of posts intended to assist lawyers in helping their clients understand the mediation process. Mediation Isn’t Just What Happens on the Day People Get Together… Preparation of the client for mediation is a key component of a successful mediation settlement. Before mediation, the attorney should discuss with the client who should be the mediator, in particular, what qualifications should be desired on the
2011 Developments in International Arbitration
By Victoria VanBuren - December 27, 2011
Today, Disputing continues its 2011 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2011 by the International Law Office (free registration is required to view the articles): Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Cou
2011 Arbitration Case Law | Circuit Courts
By Victoria VanBuren - December 26, 2011
Today, as part of our 2011 Year-End Highlights, we present noteworthy arbitration opinions from the Circuit Courts (for Fifth Circuit decisions, click here). The Ninth Circuit refused to compel arbitration because arbitration clause was not broad enough to cover dispute. In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a strand
2011 Arbitration Case Law | Texas Supreme Court
By Victoria VanBuren - December 22, 2011
Continuing our 2011 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. On February 27, 2011, the Texas Supreme Court denied cert to a case where agreement required arbitrator to be Saudi National or Muslim Foreigner. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a computer syst
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