Karl Bayer's Disputing Blog

Corpus Christi COA Orders Employment Dispute to Arbitration

By Beth Graham - July 9, 2013

In an interlocutory appeal, the Corpus Christi Appeals Court has reversed a lower court’s decision to deny a party’s motion to compel arbitration in an employment dispute.

Challenges to Forum Non Conveniens

By Beth Graham - July 9, 2013

Ronald A. Brand, Chancellor Mark A. Nordenberg Professor and Director for the University of Pittsburgh School of Law’s Center for International Legal Education has published a fascinating paper entitled, Challenges to Forum Non Conveniens, New York University Journal of International Law and Politics (JILP), Vol. 45, No. 3, 2013; U. of Pittsburgh Legal Studies Research Paper No. 2013-21.

Number of Civil Jury Trials Conducted in Texas Reaches a 40-Year Low

By Beth Graham - July 5, 2013

According to a recent report, the number of civil jury trials held each year across the State of Texas has declined to a 40-year low. Instead, many civil cases are now being decided using alternative dispute resolution methods such as pretrial mediation and arbitration.

When Should You Choose JAMS, AAA or CPR Rules?

By Beth Graham - July 4, 2013

Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties.

Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs

By Beth Graham - June 21, 2013

Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.

Arbitration and the Future of Delaware’s Corporate Law Franchise

By Beth Graham - June 19, 2013

n ongoing constitutional challenge to the unique Delaware Arbitration Program is a hot topic in ADR circles lately. Earlier this month, Disputing highlighted the relatively new program that allows sitting judges to act as arbitrators in a series of blog posts.

Texas Supreme Court Issues Emergency Stay to Consider Arbitration

By Beth Graham - June 19, 2013

Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.

12 Ways to Achieve Efficiency and Speed in Arbitration

By Karl Bayer - June 17, 2013

Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013).