Karl Bayer's Disputing Blog

SCOTX Declines to Consider Whether Man’s Defamation Claim Against Baylor University Should be Arbitrated

By Beth Graham - September 24, 2018

The Supreme Court of Texas has declined to consider a man’s claim that his defamation case against Baylor University, the school’s President, regents, and legal counsel should be arbitrated.

Contextual Analysis in Arbitration

By Beth Graham - September 17, 2018

Pat K. Chew, Judge Quint A. Salmon and Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published “Contextual Analysis in Arbitration,” SMU Law Review, Vol. 70, p. 837, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2018-28.

Arbitration Nation: Data from Four Providers

By Beth Graham - September 12, 2018

Andrea Chandrasekher, Professor of Law at the University of California, Davis, School of Law, and David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, have published “Arbitration Nation: Data from Four Providers,” California Law Review, Vol. 107 (forthcoming 2019).

Circuit Split Widens Over Securities Broker-Dealer Attempts to Avoid FINRA Arbitration

By Beth Graham - September 11, 2018

The United States Court of Appeals for the Third Circuit has deepened a circuit split regarding whether a securities brokerage may deny clients access to the Financial Industry Regulatory Authority (“FINRA”) arbitral forum using a forum-selection clause.

Fifth Circuit Affirms Vacatur After Arbitrator Exceeded His Authority

By Beth Graham - September 10, 2018

The United States Court of Appeals for the Fifth Circuit has held an arbitrator exceeded his authority when he reformed a multi-million dollar contract between two companies.

Houston COA Holds Administrator Not Bound by Will’s Arbitration Provision

By Beth Graham - September 7, 2018

A Houston appeals court has ruled that the administrator of an estate is not bound by an arbitration clause that was contained in a will.

A New Legal Framework for Employee and Consumer Arbitration Agreements

By Beth Graham - August 27, 2018

Imre S. Szalai, Judge John D. Wessel Distinguished Professor in Social Justice at Loyola University New Orleans College of Law, has published “A New Legal Framework for Employee and Consumer Arbitration Agreements,” 19 Cardozo J. Conflict Resol. 653 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-09.

Circuit Split Regarding Who Determines Class Arbitrability May Require SCOTUS Consideration

By Beth Graham - August 18, 2018

It appears the United States Supreme Court may find itself considering yet another arbitration issue in the near future.

Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?

By Beth Graham - August 17, 2018

Jacqueline M. Nolan-Haley, Professor of Law at Fordham University School of Law, has published a thoughtful journal article titled “Does ADR's 'Access to Justice' Come at the Expense of Meaningful Consent?,” Ohio State Journal on Dispute Resolution, Vol. 33, No. 3, 2018; Fordham Law Legal Studies Research Paper No. 3230033.

Fifth Circuit Rules John Deere Dealer May Not Avoid Arbitration

By Beth Graham - August 16, 2018

The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling arbitration despite one party’s avoidance attempts.