Karl Bayer's Disputing Blog

Picture It Settled® Launches Today at LegalTech New York

By Beth Graham - January 29, 2013

Disputing contributor Don Philbin launches the full version of Picture It Settled, a new tool for providing predictive analytics for the negotiation of litigated cases, at LegalTech New York today. According to the press release: Picture It Settled software is a highly intelligent predictive analytics tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. The online-acces

Book | International Commercial Arbitration: A Guide for U.S. Judges

By Victoria VanBuren - January 15, 2013

The U.S. Federal Judicial Center has just published a new monograph entitled “International Commercial Arbitration: A Guide for U.S. Judges.” The text, which was written by Professor S.I. Strong of the University of Missouri, provides readers with information on the intricacies of international commercial arbitration and the various ways that U.S. courts may become involved in the process. The book is part of the Federal Judicial Cent

Los Angeles Courts Abolish Mediation Programs

By Victoria VanBuren - December 12, 2012

We stumbled upon this article by Victoria Pynchon (a friend of our blog): In a tersely worded announcement on the Los Angeles Superior Court’s “Update” website, the largest court system in the world describes drastic immediate cutbacks that could bring the delivery of justice to a trickle if not a complete collapse. According to a November 27 “Court Update,” Court administrators announced that the system has been told to “permanently cut its budg

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

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

U.S. Supreme Court Grants Cert to Class Arbitration Case

By Victoria VanBuren - November 14, 2012

Last week, the U.S. Supreme Court agreed to hear American Express Co. v. Italian Colors Restaurant, Docket No. 12-133. The issue is whether the Federal Arbitration Act permits courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. Read our previous post about the case below here. Bloomberg’s coverage of the case is

U.S Supreme Court Considers Two Arbitration Petitions

By Victoria VanBuren - November 8, 2012

The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Nitro-Lift Technologies,

Fulbright Releases its 2012 International Arbitration Report, Issue 2

By Victoria VanBuren - November 7, 2012

Fulbright & Jaworski, LLP published recently its 2012 International Arbitration Report, Issue 2. Topics in this issue include: How to Optimize Your Expert Evidence The Law Governing the Arbitration Agreement Damages for Breach of an Agreement to Arbitrate Section 1782 Held Applicable to Private Arbitrations You may download the Report (free of charge) here.

Forbes: Lehman Brothers Loses Nearly $500,000 Collection Case Against Former Employee

By Victoria VanBuren - November 1, 2012

Forbes has an interesting article regarding the recent FINRA arbitration Lehman Brothers Holdings v Adam David Sloan (FINRA Arbitration 11-01774, October 17, 2012): In a Financial Industry Regulatory Authority (“FINRA”) Arbitration Statement of Claim filed in May 2011, Claimant Lehman Brothers sought to recover by the close of the hearing $357,142.86 in outstanding principal; $79,244.88 accrued interest; and $53,571.43 in collection costs.