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Arbitration
Fifth Circuit Holds Texas Federal Court Committed Error When it Refused to Compel Arbitration
By Beth Graham - September 11, 2014
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. In Rushaid v. National Oilwell Varco, Inc., an oil drilling company (“Rushaid”) entered into a number of contracts with a group of related oil well companies.
Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices
By Beth Graham - September 10, 2014
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology in the Law and Public Policy program at Northeastern University, have published an interesting research paper entitled, Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices, Wake Forest Law Review (Forthcoming); Suffolk University Law School Research Paper No. 14-25.
El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable
By Beth Graham - September 9, 2014
Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.
Houston Court Holds it Lacks Jurisdiction to Consider Interlocutory Appeal After Trial Court Compels Arbitration
By Beth Graham - September 8, 2014
Houston’s First District Court of Appeals has dismissed an interlocutory appeal over a trial court’s order compelling arbitration “for want of jurisdiction.”
Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses
By Beth Graham - September 5, 2014
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has authored Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses, Forthcoming 66 Hasting L.J. ___ (symposium issue #3, 2015)(draft paper); U of Texas Law, Public Law Research Paper No. 568.
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Individualized Injunctions and No-Modification Terms: Challenging ‘Anti-Reform’ Provisions in Arbitration Clauses
By Beth Graham - September 3, 2014
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law, has published Individualized Injunctions and No-Modification Terms: Challenging 'Anti-Reform' Provisions in Arbitration Clauses, University of Miami Law Review, 2014 Forthcoming; Cardozo Legal Studies Research Paper No. 437.
Fifth Circuit Holds Policy Exclusion Applies Where Arbitrator Relied on Express Warranty in Texas Construction Defect Case
By Beth Graham - September 2, 2014
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part III)
By Renee Kolar - August 29, 2014
In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict. Those five trends are: technology, globalization, insights through behavioral science and "big data," longer productive lives (active retirement), and education and credentialing in the professional practice.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part II)
By Renee Kolar - August 27, 2014
In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry.
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