Karl Bayer's Disputing Blog

The Future of Class Arbitration Part I

By Renee Kolar - March 31, 2014

In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T v. Concepcion and Stolt-Nielsen v. AnimalFeeds, commentary addressed the possibility that class arbitration was dead.

Crowd Arbitration: Crowdsourced Dispute Resolution Part V

By Renee Kolar - March 28, 2014

Some forms of crowdsourced dispute resolution currently exist online. These dispute resolution processes can be put into three general categories: Opinion polls, online mock juries, and privately enforced crowdsourced dispute resolution.

Crowd Arbitration: Crowdsourced Dispute Resolution Part IV

By Renee Kolar - March 27, 2014

Can crowd arbitration do justice? It depends, of course, on the definition of justice. According to H.L.A. Hart in The Concept of Law, justice means having like cases being treated alike.

Crowd Arbitration: Crowdsourced Dispute Resolution Part III

By Renee Kolar - March 26, 2014

Do the benefits of time and cost savings make crowd arbitration a less reliable means of dispute resolution? In fact, the result is the opposite--having more people participate is actually likely to make the dispute resolution far more reliable and predictable than any other method.

Crowd Arbitration: Crowdsourced Dispute Resolution Part II

By Renee Kolar - March 25, 2014

Crowdsourcing is a potential source of substantial benefits to dispute resolution. The main reason for these benefits is that crowdsourcing easily pools together the views of a large amount of people, far more than could be collected into a single room for arbitration or a courtroom.

Crowd Arbitration: Crowdsourced Dispute Resolution Part I

By Renee Kolar - March 24, 2014

Meaningful artificial intelligence is still a far-away technology. But crowdsourced intelligence, which harnesses the collective knowledge, experience, and analysis of a large group of people, is quickly becoming a powerful and effective method for solving problems.

Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings

By Beth Graham - March 13, 2014

Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University School of Law and Academic Director of the Straus Institute for Dispute Resolution, has written Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings, Chapter in, SOFT LAW IN INTERNATIONAL ARBITRATION (forthcoming 2014); Pepperdine University Legal Studies Research Paper No. 2014/4.

Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration

By Beth Graham - March 12, 2014

Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies.

10th Circuit Holds FAA Preempts New Mexico Law in Nursing Home Dispute

By Beth Graham - March 9, 2014

The United States Court of Appeals for the 10th Circuit has held the Federal Arbitration Act (FAA) preempts a state law that states “a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring.”

Arbitrators Without Powers? Disqualifying Counsel in Arbitral Proceedings

By Beth Graham - March 8, 2014

Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published an article entitled Arbitrators Without Powers? Disqualifying Counsel in Arbitral Proceedings, Arbitration International, 2014, Forthcoming.