Karl Bayer's Disputing Blog

Dallas COA Dismisses Arbitration Award for Lack of Jurisdiction

By Beth Graham - August 15, 2013

Texas’ Fifth District Court of Appeals in Dallas has invalidated an arbitration award for lack of jurisdiction.

Retired to Greener Pastures: The Public Costs of Private Judging

By Beth Graham - August 14, 2013

Pepperdine University School of Law Professor Maureen Weston has authored Retired to Greener Pastures: The Public Costs of Private Judging, UNL-Springer Publication (forthcoming 2013).

Houston COA Holds Trial Court Inappropriately Modified Arbitrator’s Decision Regarding Joint and Several Liability

By Beth Graham - August 6, 2013

Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. - Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle.

Arizona COA Holds Financially Burdensome Arbitration Agreement is Unenforceable

By Beth Graham - August 2, 2013

Most businesses and individuals consider arbitration a cost-effective dispute resolution method. In general, an agreement to arbitrate will be upheld by the various courts across the nation. In a precedent-setting decision, however, the Arizona Court of Appeals has ruled that financially burdensome arbitration agreements are “unconscionable” and therefore unenforceable.

A Summary of Recent Arbitration Confirmation Cases

By Beth Graham - August 1, 2013

Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share it here:

Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct

By Beth Graham - July 26, 2013

In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.

Houston’s First COA Upholds Arbitral Award Where Parties Signed Competing Agreements

By Beth Graham - July 24, 2013

Houston’s First District Court of Appeals has upheld an arbitrator’s award in a dispute that arose between an employer and a worker who was hurt on-the-job. In Forged Components, Inc. v. Guzman, No. 01–11–00563–CV, (Tex. App. Dist. 1 - June 25, 2013), Ricky Guzman was pinned by a forklift while working at Forged Components, Inc. (“FCI”).

ABA’s International Arbitration Committee Publishes Newsletter Regarding Arbitrator Appointments

By Beth Graham - July 23, 2013

The International Arbitration Committee of the ABA’s Section of International Law has published a special Newsletter Regarding Arbitrator Appointments. In the newsletter, committee members discuss arbitrator selection in international legal disputes.

Is Adjudication a Public Good?

By Beth Graham - July 16, 2013

University of Kansas School of Law Professor Stephen J. Ware has published Is Adjudication a Public Good? 'Overcrowded Courts' and the Private Sector Alternative of Arbitration, 14 Cardozo J. Conflict Resol. 899 (2013).

SDNY Confirms $5 Million Award in Heated Miss Universe Beauty Pageant Dispute

By Beth Graham - July 11, 2013

The Southern District of New York has confirmed an arbitrator’s $5 million award in a beauty pageant dispute. In Miss Universe, LP, LLLP v. Sheena Monnin, No. 12 Civ. 9174 (JPO), the newly selected 2012 Miss Pennsylvania, Sheena Monnin, signed three contracts related to her title.