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Arbitration
AAA Consumer Arbitration
By Beth Graham - June 9, 2014
Christopher R. Drahozal, John M. Rounds Professor of Law and Associate Dean for Research and Faculty Development at the University of Kansas School of Law, has published a new book chapter entitled, AAA Consumer Arbitration (Beyond Elite Law: Access to Civil Justice for Americans of Average Means, Samuel Estreicher & Joy Radice eds., Cambridge University Press, Forthcoming).
Fifth Circuit Affirms Vacatur of Arbitration Award Where Intent to Arbitrate Was Not Clear and Unmistakable
By Beth Graham - June 3, 2014
The Fifth Circuit Court of Appeals has affirmed a lower court’s vacatur of an arbitral award in an employment dispute.
Texas Supreme Court Denies Armstrong’s Writ of Mandamus Petition
By Beth Graham - June 2, 2014
The Supreme Court of Texas has refused to hear former professional bicyclist Lance Armstrong’s appeal in an ongoing dispute over a prior arbitration settlement.
Texas Supreme Court Holds Arbitrator’s Partial Disclosure of Information Supports Finding of Evident Partiality
By Beth Graham - May 28, 2014
On Friday, the Supreme Court of Texas held that a neutral arbitrator’s partial disclosure of relevant facts that might reasonably lead an objective observer to believe he was biased towards one party constitutes evident partiality.
U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration
By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.
Amarillo Appeals Court Finds Arbitral Award Issued After Deadline May Not be Confirmed
By Beth Graham - May 22, 2014
Texas’ Seventh Court of Appeals in Amarillo has ruled that trial courts may not confirm an arbitral award that was issued after a deadline imposed by a court or the parties’ agreement.
Texas Supreme Court Holds Law Firm Did Not Waive Arbitration in Fee Dispute
By Beth Graham - May 21, 2014
The Supreme Court of Texas has held that a law firm did not waive its right to arbitrate a fee dispute with a former client after the firm sued one of its former associates who continued to represent the client after the associate left the firm.
U.S. Supreme Court Refuses to Consider Class Arbitration Appeal
By Beth Graham - May 21, 2014
The Supreme Court of the United States has refused to consider whether an arbitrator, rather than a court, is properly tasked with deciding if an arbitral agreement permits class arbitration.
Dallas COA Holds TAA Preempts Collateral Fraud Claims
By Beth Graham - May 12, 2014
Last month, the Dallas Court of Appeals held that fraud claims brought against opposing parties in an arbitration proceeding, counsel for the opposing parties, an arbitrator, and JAMS are preempted by the Texas Arbitration Act (TAA).
‘Gap Filling’ by Arbitrators
By Beth Graham - May 12, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published 'Gap Filling' by Arbitrators, International Council for Commercial Arbitration, Congress Series, 2014, Forthcoming.
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