Karl Bayer's Disputing Blog

Supreme Court Upholds Class Arbitration Decision in Sutter

By Beth Graham - June 11, 2013

Yesterday, the United States Supreme Court unanimously held that a court must accept an arbitrator’s decision to allow or disallow class arbitration based upon the terms of the disputing parties’ agreement. In Oxford Health Plans LLC v. Sutter, No. 12-135 (June 10, 2013), a group of physicians sued a healthcare insurer, Oxford Health Plans, over a number of medical payments in New Jersey state court.

Part Three: Thoughts on the Constitutionality of the Delaware Arbitration Program

By Karl Bayer - June 10, 2013

This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.

Part Two: A Constitutional Challenge to the Delaware Arbitration Program

By Karl Bayer - June 7, 2013

The following is Part Two of a three-part overview of Professor Thomas Stipanowich’s recently published article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program.

Part One: A Brief Overview of the Delaware Arbitration Program

By Karl Bayer - June 5, 2013

The following is Part One of a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program.” The paper is a fascinating read for anyone in the arbitration field. Following the format of Professor Stipanowich’s article, Part One will provide a brief background on the history of the Delaware Arbitratio

In Quest of the Arbitration Trifecta, or Closed Door Litigation?

By Beth Graham - June 3, 2013

Pepperdine University School of Law Professor Thomas J. Stipanowich has published In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program, Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.

Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions

By Beth Graham - May 31, 2013

The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted t

IBA Adopts New Guidelines on Party Representation in International Arbitration

By Beth Graham - May 30, 2013

Last week, the International Bar Association adopted new IBA Guidelines on Party Representation in International Arbitration. The guidelines were reportedly designed to create a more uniform and equitable experience for both attorneys and arbitrators engaged in international arbitral disputes.

Washington Legislature Says Statute of Limitations Applies to Arbitration Proceedings

By Beth Graham - May 28, 2013

An interesting arbitration-related development has come out of the Washington Legislature. In an apparent response to a 2010 Washington Supreme Court ruling, lawmakers have amended the state’s Uniform Arbitration Act to allow statutes of limitations to apply to arbitral proceedings.

Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract

By Beth Graham - May 24, 2013

The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.

American Exceptionalism in Consumer Arbitration

By Beth Graham - May 22, 2013

Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disp