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Arbitration
Lawsuit Challenging the Department of Labor’s Ban on Class Action Waivers in Arbitration Filed in N. D. Texas
By Beth Graham - June 2, 2016
Yesterday, the Chamber of Commerce of the United States of America, the Securities Industry and Financial Markets Association, the Texas Association of Business, and a number of other organizations filed a lawsuit over the U. S. Department of Labor’s regulations regarding fiduciary conflict of interest rules for retirement plans.
Fifth Circuit Lacks Jurisdiction Over Order Compelling Arbitration in Movant’s Non-Preferred Forum
By Beth Graham - June 1, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that it lacks jurisdiction to consider an appeal from a lower court’s interlocutory order compelling arbitration in a different forum than the movant requested.
Gateway-Schmateway: An Exchange between George Bermann and Alan Rau
By Beth Graham - May 25, 2016
The transcript of an interesting discussion between Professor Alan Scott Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas at Austin School of Law and affiliated faculty member of the Kay Bailey Hutchison Center for Energy, Law, and Business, and Professor George Bermann, Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and Director of the Center for International Commercial and Investment Arbitration at Col
Arbitration Conducted Under the TAA May Not Be Vacated on Common-Law Grounds
By Beth Graham - May 21, 2016
On Friday, the Supreme Court of Texas ruled that an arbitral award may not be vacated under the Texas Arbitration Act (“TAA”) based on common-law grounds.
Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count
By Beth Graham - May 11, 2016
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at Moritz College of Law, has published “Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count,” Alabama Law Review, Forthcoming; Ohio State Public Law Working Paper No. 344.
Consumer Financial Protection Bureau Proposal Would Ban Mandatory Arbitration Provisions in Most Financial Contracts
By Beth Graham - May 10, 2016
The Consumer Financial Protection Bureau (“CFPB”) has proposed a plan to ban mandatory arbitration provisions in most consumer contracts entered into with banking institutions and credit card companies.
The Arbitration Bootstrap
By Beth Graham - May 6, 2016
Christopher R. Leslie, Chancellor’s Professor of Law at the University of California, Irvine School of Law has published “The Arbitration Bootstrap,” Texas Law Review, Vol. 94, No. 2, 2015; UC Irvine School of Law Research Paper No. 2016-19. In his paper, Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.
Western District of Texas Refuses to Stay Arbitration Proceedings in Wind Energy Dispute
By Beth Graham - May 4, 2016
The Western District of Texas has refused to stay arbitration proceedings in a dispute between a wind energy company, Papalote Creek, and the Lower Colorado River Authority (“LCRA”).
Apparent Dichotomies, Covert Similarities
By Beth Graham - April 26, 2016
Catherine A. Rogers, Professor of Law, Paul and Marjorie Price Faculty Scholar, and Professor of Ethics, Regulation & The Rule of Law at Penn State Law and Director of the Institute for Ethics, Regulation & The Rule of Law at Queen Mary, University of London, has authored “Apparent Dichotomies, Covert Similarities: A Response to Joost Pauwelyn,” 109 AJIL Unbound 294 (2016).
Second Circuit Reinstates Brady’s Four-Game “Deflategate” Suspension
By Beth Graham - April 25, 2016
The Second Circuit Court of Appeals has reversed a New York district judge’s order vacating an arbitrator’s decision. In National Football League Management Council et al. v. National Football League Players Association et al., No. 15-2801 (L), No. 15-2805 (CON), New England Patriots quarterback Tom Brady was suspended for four games after he was accused of participating in a scheme to cheat in a 2015 playoff game by deflating footballs to a lev
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