Karl Bayer's Disputing Blog

NADN Announces Partnership With DRI and AAJ

By Beth Graham - May 22, 2013

This week, the National Academy of Distinguished Neutrals (NADN) announced a partnership with DRI - The Voice of The Defense Bar and the American Association for Justice (AAJ).

Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration

By Beth Graham - May 20, 2013

Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration.

NLRB Defers to Arbitral Decision in Healthcare Employment Dispute

By Beth Graham - May 13, 2013

A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require

Congress Considers Arbitration Fairness Act of 2013

By Beth Graham - May 10, 2013

Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts. Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.

FEMA Announces Arbitration Pilot Program for Hurricane Sandy Disputes

By Beth Graham - May 3, 2013

The Federal Emergency Management Agency (FEMA) has announced plans to establish an arbitration pilot program for handling disaster assistance disputes related to Hurricane Sandy.

Corpus Christi COA Upholds $31 Million Arbitral Award

By Beth Graham - May 1, 2013

The 13th District of Texas has upheld an arbitral award in an investment dispute. Shor also stated the agreements between Seashore and Black required the parties to resolve any disputes through arbitration and requested pre-arbitration discovery.

WIPO Arbitrations Over Domain Name Disputes Reach Record High

By Beth Graham - April 24, 2013

Since 2000, the World intellectual Property Organization (WIPO) has provided arbitration services for alleged cybersquatting disputes. Last year, the number of domain name disputes arbitrated through WIPO jumped by an estimated five percent to reach nearly 3,000.

FINRA Board Approves New Rule for Selecting Arbitral Panels

By Beth Graham - April 23, 2013

Last week, the Financial Industry Regulatory Authority (FINRA) Board approved a measure that may make it easier for investors to select arbitrators in a dispute against a securities brokerage. The newly approved measure would authorize the parties to a dispute that exceeds $100,000 to select a panel chairman, a public arbitrator, and an arbitrator with industry ties from a FINRA list immediately.

Fifth Circuit Reinstates Arbitral Award in Video Game Dispute

By Beth Graham - April 16, 2013

The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. After Gamecock filed a motion to confirm the arbitral award in district court, Timegate argued the arbitrator exceeded his authority in crafting the perpetual license portion of the award.

Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied

By Beth Graham - April 12, 2013

In re Santander Consumer USA, Inc., Jan Bonner purchased boating equipment from Ron Hoover RV and Marine. Ron Hoover RV and Marine then assigned the agreement to GEMB Lending, Inc. 016 of the Civil Practice and Remedies Code, which authorizes interlocutory appeals under the FAA in suits filed after September 1, 2009. CIV. PRAC. & REM. We therefore refuse to speculate on whether a remedy that in fact existed through interlocutory appeal, but was