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Arbitration

Arbitration and Federal Reform: Recalibrating the Separation of Powers Between Congress and the Court

By Beth Graham - July 21, 2023
Larry J. Pittman, Professor of Law and Leonard B. Melvin Lecturer in Law at the University of Mississippi School of Law, has published “Arbitration and Federal Reform: Recalibrating the Separation of Powers Between Congress and the Court,” Washington and Lee Law Review, Vol. 80, No. 2, 2023.

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Former Twitter Employee Files Motion to Compel Arbitration After Company Refuses to Foot JAMS Bill

By Beth Graham - July 17, 2023
A former Twitter employee has filed a motion to compel arbitration on behalf of himself and other former employees of the company after Twitter reversed course and refused to proceed with arbitration over the associated fees.

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The Global Goals of ESG (Environmental, Social and Governance)—Are Arbitral Institutions Doing Their Part (at Least, with Respect to the Environmental Pillar)?

By Beth Graham - July 11, 2023
Stephan Wilske, FCIArb, Lecturer at Heidelberg University, Leibniz Universität Hannover, and the German University for Administrative Sciences Speyer and Owner at Gleiss Lutz, and Annemie Heubach, Former Intern at Gleiss Lutz and LPC student at The University of Law, have recently published a timely article titled, “The Global Goals of ESG (Environmental, Social and Governance)—Are Arbitral Institutions Doing Their Part (at Least, with Respect to

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Eleventh Circuit Affirms Order Vacating Arbitration Award Due to Fraud During Remote Proceedings

By Beth Graham - July 10, 2023
The United States Court of Appeals for the Eleventh Circuit has affirmed an order vacating an arbitration award after equitably tolling the statutory deadline to challenge it enumerated in 9 U.S.C. § 12 due to fraud.

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Using ODR Platforms to Level the Playing Field: Improving Pro Se Litigation through ODR Design

By Beth Graham - June 30, 2023
J.J. Prescott, Henry King Ransom Professor of Law at the University of Michigan Law School, has published “Using ODR Platforms to Level the Playing Field: Improving Pro Se Litigation through ODR Design,” Legal Tech and the Future of Civil Justice (David Freeman Engstrom, ed.) (Cambridge University Press 2023); U. of Michigan Law & Econ Research Paper 23-024.

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Ancestry.com Seeks Order Compelling Minors to Arbitrate Illinois Genetic Information Privacy Act Claims

By Beth Graham - June 26, 2023
Ancestry.com DNA LLC (“Ancestry”) has reportedly asked the United States Court of Appeals for the Seventh Circuit to order a putative class action lawsuit that was filed on behalf of a group of minors who Alleged the company violated the Illinois Genetic Information Privacy Act (“GIPA”) to arbitration. 

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SCOTUS Resolves Circuit Split in Arbitration Dispute Involving Crypto Platform

By Beth Graham - June 24, 2023
Yesterday, the Supreme Court of the United States held a district court must stay its proceedings pending resolution of an interlocutory appeal related to the question of arbitrability of a dispute that was filed pursuant to 9 U. S. C. §16(a). 

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NCSC Publishes Remote Proceeding Toolkit

By Beth Graham - November 23, 2022
The National Center for State Courts (“NCSC”) has prepared and published a “Remote Proceeding Toolkit.”  This useful document addresses the basics of remote proceedings, policies, and technology considerations.

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Drawing on Psychology to Choose and Design Dispute Resolution Processes

By Beth Graham - November 22, 2022
Professor Jean R. Sternlight, Michael and Sonja Saltman Professor of Law and Director of the Saltman Center for Conflict Resolution at the University of Nevada, Las Vegas, William S. Boyd School of Law and Jennifer K. Robbennolt, Associate Dean for Research, Alice Curtis Campbell Professor of Law, Professor of Psychology, and Co-Director of the Illinois Program on Law, Behavior, and Social Science at the University of Illinois College of Law have

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Welcoming Mediator/Arbitrator Tracy McCormack

By Karl Bayer - November 21, 2022
It is my great pleasure to introduce Tracy Walters McCormack, former Director of Advocacy at The University of Texas School of Law, who will be joining our team as an experienced mediator, arbitrator, and consultant.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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