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Arbitration
Part Three: Reflections on the State and Future of Commercial Arbitration
By Beth Graham - November 11, 2014
In Parts One and Two of this series, Disputing highlighted portions of Pepperdine University School of Law Professor Thomas Stipanowich’s research paper entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals.”
American Airlines to Engage in Binding Arbitration With Flight Attendants
By Beth Graham - November 10, 2014
Fort Worth-based American Airlines will reportedly engage in binding arbitration with the company’s flight attendants next month.
Fifth Circuit Refuses to Compel Arbitration Based on Full Faith and Credit Clause
By Beth Graham - November 8, 2014
The United States Court of Appeals for the Fifth Circuit has refused to compel arbitration in a contract dispute over annuity payments. In Saucier v. Aviva Life and Annuity Co., No. 13-60854 (5th Cir., October 29, 2014), a man, Saucier, agreed to accept a structured settlement for certain personal injury claims in 1990. As part of the settlement, Saucier received periodic annuity payments from Aviva Life and Annuity Company.
Part Two: Reflections on the State and Future of Commercial Arbitration
By Beth Graham - November 7, 2014
In Part One of this series, Disputing highlighted a portion of Pepperdine University School of Law Professor Thomas Stipanowich’s research paper entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals.” In the article, along with its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Straus Institute for Dispute
Part One: Reflections on the State and Future of Commercial Arbitration
By Beth Graham - November 6, 2014
Professor Thomas Stipanowich recently completed a landmark survey regarding the evolution of commercial arbitration in both U.S. and international business disputes. The results of the wide-ranging survey are examined more fully in two forthcoming scholarly articles.
Groundbreaking Survey Examines Commercial Arbitration Practices and Trends
By Beth Graham - November 5, 2014
Disputing is pleased to announce a series exploring the findings of Pepperdine University School of Law Professor Thomas Stipanowich in his notably significant research paper, “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals,” and its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Zachary Ulrich.
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments
By Beth Graham - October 27, 2014
Louis Del Duca, Edward N. Polisher Distinguished Faculty Scholar Emeritus and Director, Institute of Commercial Law at the Penn State Dickinson School of Law, has published Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments, Uniform Commercial Code Law Journal, Vol. 46, p. 71, 2014.
Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute
By Beth Graham - October 23, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute.
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