Karl Bayer's Disputing Blog

The ‘Circle of Assent’ Doctrine and the Mandatory Pre-Dispute Arbitration Clause

By Beth Graham - March 6, 2014

Paul Bennett Marrow, Adjunct Professor of Law at New York Law School, and Craig E. Penn, Attorney at Penn & Associates, recently published The 'Circle of Assent' Doctrine and the Mandatory Pre-Dispute Arbitration Clause: When the Unconscionable Contract Analysis Just Won't Do, Dispute Resolution Journal, Vol. 68, No. 3, 2013.

Armstrong Lawyers Claim $12 Million Arbitration Case is Closed

By Beth Graham - February 24, 2014

On Friday, attorneys for former professional bicyclist Lance Armstrong reportedly argued before a Dallas court that an arbitration case between the athlete and insurer SCA Promotions should not be revisited.

CCA Guide to Best Practices in Commercial Arbitration

By Beth Graham - January 29, 2014

The Third Edition of the College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration is now available.

Dallas COA Orders Custom Home Dispute to Arbitration

By Beth Graham - January 28, 2014

The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In re Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolitte, Relators, No. 05-13-01474-CV (Tex. App.—Dallas, Jan. 14, 2014), Lynne McGreal Tonti signed a contract with Susan Newell Custom Home Builders, Inc. (“the Company”) to build a custom house for her. The new home contract contained

A-Rod Files Federal Lawsuit Against MLB and Player’s Union After Arbitrator Upholds Majority of Record 211-Game Suspension

By Beth Graham - January 17, 2014

Earlier this month, a three-person independent arbitration panel reduced Major League Baseball (MLB) player Alex Rodriguez’s 211 game suspension over his alleged involvement with performance enhancing drugs to 162 games.

Limits of Procedural Choice of Law

By Beth Graham - January 14, 2014

S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03.

Financial Consumers Can Only Avoid Arbitration By Using A Credit Union

By Beth Graham - January 8, 2014

Disputing would like to invite you to check out Liz Kramer’s recent blog post entitled CFPB’s Preliminary Report: Financial Consumers Can Only Avoid Arbitration By Using A Credit Union.

International Arbitral Tribunal Postpones Hearing in Ecuador-Chevron Environmental Dispute

By Beth Graham - January 7, 2014

An arbitral tribunal in The Hague has reportedly postponed a hearing in an ongoing dispute between United States-based Chevron Corporation and the nation of Ecuador.

Arbitrator Poised to Issue Decision in Appeal Over A-Rod’s 211-Game Suspension

By Beth Graham - January 5, 2014

The independent arbitrator who is now considering an appeal over Major League Baseball (MLB) player Alex Rodriguez's unprecedented 211-game suspension, Fredric Horowitz, will reportedly issue a decision to uphold, reduce, or toss the penalty in the near future.

Armstrong Seeks to Avoid Review of 2006 Arbitration Settlement

By Beth Graham - January 2, 2014

In late December, former professional bicyclist Lance Armstrong and United States Postal Service bicycling team owner Tailwind Sports filed individual motions to stay arbitral proceedings in a case brought by Dallas-based sports insurer SCA Promotions over bonuses paid to Armstrong following several of his Tour de France wins.