Karl Bayer's Disputing Blog

“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

By Beth Graham - November 13, 2015

Disputing would like to invite you to read Liz Kramer’s recent blog post entitled “'Older Workers' Do Not Have To Arbitrate Statutory Employment Claim.”

Building Trust in E-commerce Through Online Dispute Resolution

By Beth Graham - November 4, 2015

Amy Schmitz, Professor of Law at the University of Colorado Law School has published “Building Trust in E-commerce Through Online Dispute Resolution,” John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming; U of Colorado Law Legal Studies Research Paper No. 15-15.

The Chartered Institute of Arbitrators (1915-2015): The First 100 Years

By Beth Graham - October 26, 2015

Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators (“CIArb”), has published an interesting article entitled, “The Chartered Institute of Arbitrators (1915-2015): The First 100 Years,” 81 International Journal of Arbitration, Mediation and Dispute Management, Issue 4, 2015, Forthcoming.

Corpus Christi COA Orders Employment Discrimination Case to Arbitration

By Beth Graham - October 23, 2015

Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration. In Ophthalmic Consultants of Texas, P.A. v. Morales, No. 13-15-00278-CV (Tex. App – Corpus Christi, October 15, 2015), an ophthalmology business, Ophthalmic Consultants of Texas, P.A. (“OCT”), apparently hired a physician, Dr. Adolfo Morales, in 2009.

Mandatory Arbitration in Consumer Finance and Investor Contracts

By Beth Graham - October 14, 2015

Michael S. Barr, Roy F. and Jean Humphrey Proffitt Professor of Law at the University of Michigan Law School, has published “Mandatory Arbitration in Consumer Finance and Investor Contracts,” New York University Journal of Law and Business, Vol. 11, No. 4, 2015.

Getting to Yes… or No

By Merril Hirsh, FCIArb - October 12, 2015

These days, it is common to hear members of the alternative dispute resolution community point out that the moniker “alternative dispute resolution” is a misnomer. If 90-odd% of cases that are not resolved by motion are going to settle, it is pretty difficult to call settlement the alternative dispute resolution.

CFPB Proposal Would Allow Consumers to Forego Arbitration in Favor of Class Litigation

By Beth Graham - October 8, 2015

The Consumer Financial Protection Bureau (“CFPB”) is reportedly considering implementing new regulations that would stop banks and other financial institutions from requiring consumers to settle disputes through binding arbitration.

Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines

By Beth Graham - October 7, 2015

Northeastern University School of Law Professor Brook K. Baker and Katrina Geddes, Master in Public Policy Candidate at Harvard University’s Kennedy School of Government, have written a thought provoking article entitled, “Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines - Eli Lilly v. Canada and the Trans-Pacific Partnership Agreement,” Northeastern University School of Law Research Paper No. 242-2015.

Customized Procedure in Theory and Reality

By Beth Graham - September 28, 2015

Mark C. Weidemaier, Assistant Professor of Law at the University of North Carolina (UNC) at Chapel Hill School of Law, has published “Customized Procedure in Theory and Reality,” Washington and Lee Law Review, Vol. 72, No. 4, 2015.

Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable

By Beth Graham - September 25, 2015

A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was "substantively unconscionable" due to its contradictory language.