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Arbitration
Three Surveys Offering New Insights into ADR Practices
By Renee Kolar - July 22, 2014
Professor Thomas Stipanowich recently published information regarding three major surveys conducted by the The Straus Institute’s Theory-to-Practice Research Project that produced a wide array of new information on arbitrator and mediator practices as well as insights into corporate use of ADR.
College of Commercial Arbitrators (CCA) / Straus Institute for Dispute Resolution Survey on Arbitration Practice (Fall 2013)
By Thomas J. Stipanowich - July 14, 2014
The CCA-Straus Institute Survey on Arbitration Practice, one of the Straus Institute’s three recent surveys under the Theory-to-Practice Research Project, consisted of 65 multiple-choice and short-answer questions on respondents’ arbitration experiences and opinions on arbitration practices and the future of the arbitration field-at-large.
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
By Beth Graham - July 8, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law, and Zachary P. Ulrich, Research Fellow at the Straus Institute for Dispute Resolution, have published Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, 6 Penn State Yearbook on Arbitration and Mediation 1 (2
California Supreme Court Finally Recognizes Class and Collective Arbitration Waivers
By Beth Graham - July 4, 2014
An interesting case decided by the California Supreme Court overturned the court’s prior holding that class and collective arbitration waivers violate public policy and also recognized that the issue is preempted by the Federal Arbitration Act (FAA).
N.D. of Texas Again Refuses to Consider Texas Securities Act Claim Over Previous Arbitration
By Beth Graham - June 30, 2014
The Northern District of Texas has refused to reconsider an order dismissing a previously arbitrated Texas Securities Act case due to claim preclusion.
Austin Magistrate Judge Recommends Arbitration in Employment Discrimination Lawsuit
By Beth Graham - June 23, 2014
An Austin Magistrate Judge has recommended that a race discrimination lawsuit brought by a former J.C. Penney employee be submitted to arbitration.
Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification
By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
Fifth Circuit Affirms Arbitrator’s Decision in Insurance Dispute
By Beth Graham - June 13, 2014
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration.
U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements
By Beth Graham - June 10, 2014
The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute.
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