Karl Bayer's Disputing Blog

Amarillo COA Holds Arbitration is Required in Construction Fee Dispute

By Beth Graham - October 3, 2014

Texas’ Seventh District Court of Appeals in Amarillo has reversed a district court’s decision to deny arbitration in a construction fee dispute. In Journeyman Const. Inc. v. Scottco Mechanical Contractors, Inc., No. 07-13-00393-CV, (Tex. App. – Amarillo, Sept. 26, 2014), a general contractor, Journeyman, entered into a number of subcontracting agreements related to the restoration of the Potter County Courthouse.

SEC Seeks Additional Public Comments Over Proposed Changes to Who May Serve as a FINRA Public Arbitrator

By Beth Graham - October 2, 2014

On October 1st, the nation’s Securities and Exchange Commission (“SEC”) reportedly extended its review of a Financial Industry Regulatory Authority (“FINRA”) proposal to revamp how arbitrators are selected in disputes between brokerages and consumers.

Northern District of Texas Orders Patent Royalty Dispute to Arbitration

By Beth Graham - October 1, 2014

The Northern District of Texas in Dallas has ordered a patent royalty dispute to arbitration. In Sazy v. DePuy Spine, LLC, No. 3:13-CV-4379-L (N. D. Tex., Sept. 18, 2014), a Texas physician entered into a Product Development Agreement (“PDA”) with several related corporations (“DePuy”) in early 2002.

Arbitration and the Contract Exchange

By Beth Graham - September 29, 2014

Andrew A. Schwartz, Associate Professor of Law at the University of Colorado Law School, has published Arbitration and the Contract Exchange, Ohio State Journal on Dispute Resolution, Vol. 29, No. 2, 2014; U of Colorado Law Legal Studies Research Paper No. 14-7.

Dallas COA Affirms Arbitral Award Despite Evident Partiality Claims

By Beth Graham - September 23, 2014

The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners.

Crossing the Threshold: Arbitral Jurisdiction after BG Group

By Beth Graham - September 22, 2014

Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l'honneur de Pierre Mayer (2015 Forthcoming).

New AAA Consumer Arbitration Rules are Now in Effect

By Beth Graham - September 18, 2014

On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization. The new rules apply to all arbitral cases filed after September 1, 2014.

Houston COA Orders All Parties to Arbitration in High Stakes Legal Malpractice Lawsuit

By Beth Graham - September 17, 2014

Texas’ Fourteenth Court of Appeals in Houston has reversed a trial court’s order denying arbitration in a legal malpractice dispute. In Greenberg Traurig, LLP v. National American Ins. Co., National American Insurance Company (NAICO) retained the services of an attorney at Greenberg Traurig, LLP (Greenberg) to defend Okie Foundation Drilling Co., Inc. (Okie) in an appeal in an accidental death case.

Houston Appeals Court Holds Issue of Arbitrability is for Arbitration Panel to Decide

By Beth Graham - September 16, 2014

Texas’ First District Court of Appeals in Houston has affirmed a trial court’s ruling that it was up to an arbitral panel to determine whether it had jurisdiction to hear a corporate tax dispute. In Halliburton Co. v. KBR, Inc., No. 01-12-00949-CV, (Tex. App – Houston, September 11, 2014), Halliburton spun off its wholly-owned subsidiary KBR in 2007. Prior to the separation, the companies entered into a number of agreements including a Master Se

International Commercial Arbitration Coming to a Courthouse Near You

By Beth Graham - September 15, 2014

Retired Judge Judith S. Kaye, Skadden, Arps, Slate, Meagher & Flom LLP, and University of Missouri School of Law Professor S.I. Strong recently published International Commercial Arbitration Coming to a Courthouse Near You, 53 Judges’ Journal 20 (Summer 2014); University of Missouri School of Law Legal Studies Research Paper No. 2014-20.