Karl Bayer's Disputing Blog

Arbitration Trends 2014

By Beth Graham - December 2, 2014

A survey recently conducted by Today’s General Counsel asked in-house attorneys about their thoughts on arbitration. The results published in Arbitration Trends 2014 indicate that nearly half of lawyers surveyed normally choose arbitration over traditional litigation because it is required by contract.

NLRB Again Rules Class-Action Arbitration Waivers Violate the NLRA

By Beth Graham - December 1, 2014

The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a company, Murphy Oil, required an Alabama employee to sign a binding arbitration agreement as a condition of employment.

FINRA Orders Wealth Management Firm to Pay 19 Exxon Retirees $3.8 Million

By Beth Graham - November 25, 2014

A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts. In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance.

Part Four: Arbitration in Evolution

By Beth Graham - November 24, 2014

This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration pr

Part Three: Arbitration in Evolution

By Beth Graham - November 22, 2014

In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The authors’ work examines much of the data obtained in a recent survey concerning the state of commercial arbitration practice in both U.S. and

Special Masters: How to Make the Best of Both Worlds, Part II

By Merril Hirsh, James M. Rhodes & Karl Bayer - November 20, 2014

OK, so in Part One we all agreed that we need to give people a better choice than the one between a system of civil litigation that does a great job of permitting appeals, but is perceived to be, or is, too cumbersome or expensive to resolve disputes; and a system of arbitration that, one hopes, is cheaper, but does not permit, at least the judicial appeal that parties might wish to have available if the arbitrator gets it “wrong.”

Part Two: Arbitration in Evolution

By Beth Graham - November 18, 2014

In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich.

Part One: Arbitration in Evolution

By Beth Graham - November 14, 2014

Professor Thomas Stipanowich, Pepperdine University School of Law, and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich, have published “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” Columbia American Review of International Arbitration, Forthcoming ; Pepperdine University Legal Studies Research Paper No. 2014/30.

Special Masters: How to Make the Best of Both Worlds, Part I

By Merril Hirsh, James M. Rhodes & Karl Bayer - November 12, 2014

An article in the Spring 2014 issue of the ABA’s Dispute Resolution reports on the sad results of a 2011 Fortune 1000 ADR survey. The survey updated a 1997 study. The bottom line: in 1997, Fortune 1000 companies, tired of the expense and inefficiency of litigation, were overwhelmingly interested in using arbitration. In 2011, Fortune 1000 companies, tired of the expense and inefficiency of arbitration, were really more interested in mediation.

Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals

By Beth Graham - November 12, 2014

Over the course of the past week, Disputing highlighted Pepperdine University School of Law Professor Thomas Stipanowich’s forthcoming publication entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals,” Columbia American Review of International Arbitration, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2014/29.