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Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part I)
By Renee Kolar - August 25, 2014
Professor Stipanowich has recently completed another article for The Construction Lawyer titled Managing Construction Conflict: Unfinished Revolution, Continuing Evolution which discusses the evolution of different dispute resolution methods in the construction industry. While his paper focuses on the evolution of these methods in the construction industry, several of his findings are also indicative of trends in ADR evolution more generally. In
Arbitrability Decisions Before, During and After Arbitration
By Beth Graham - August 23, 2014
John James Barcelo III, William Nelson Cromwell Professor of International and Comparative Law and Elizabeth and Arthur Reich Director, Leo and Arvilla Berger International Legal Studies Program at Cornell University Law School, has authored Arbitrability Decisions Before, During, and After Arbitration, Liber Amicorum (2015), Forthcoming; Cornell Legal Studies Research Paper No. 14-24. In his publication, Professor Barcello examines the three pri
Congratulations to Arbitration Nation!
By Beth Graham - August 15, 2014
Disputing would like to congratulate Liz Kramer at Arbitration Nation on her recent blogging anniversary. For the past three years, Ms. Kramer has provided readers with thoughtful insight into judicial interpretations of the Federal Arbitration Act.
Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case
By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.
Executive Order Prohibits Mandatory Arbitration of Federal Employment Discrimination and Sexual Harassment Claims
By Beth Graham - August 7, 2014
On July 31st, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order. As part of the order, federal contractors are now forbidden from using mandatory pre-employment arbitration clauses for employment disputes related to sexual assault, harassment, or workplace discrimination violations.
Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration
By Beth Graham - August 2, 2014
Yesterday, the Supreme Court of Texas denied a petition for review in a fraud case stemming from an arbitration proceeding.
Houston Appeals Court Affirms Arbitration Award for Environmental and Other Damages in Oil and Gas Case
By Beth Graham - August 1, 2014
Texas’ First Court of Appeals in Houston has affirmed a trial court’s decision to confirm an arbitration panel’s damages award in an oil and gas exploration and production dispute.
FINRA Announces Arbitration Task Force Created to Address Criticism
By Beth Graham - July 29, 2014
The Financial Industry Regulatory Authority ("FINRA") recently announced the formation of a task force that will examine possible improvements to “the transparency, impartiality and efficiency of FINRA's securities arbitration forum for all participants.”
Fifth Circuit Says Decision to Remand a Dispute Back to Arbitral Panel for Clarification May Not be Appealed
By Beth Graham - July 28, 2014
On Friday, the United States Court of Appeals for the Fifth Circuit refused to review a district court’s decision to remand a dispute back to an arbitral panel.
What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements
By Beth Graham - July 24, 2014
Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements, Marquette Law Review, Vol. 97, No. 3, 2014.
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