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Arbitration
Hearing Held to Determine Whether NFL Concussion Litigation Should be Arbitrated
By Beth Graham - April 12, 2013
In a motion to dismiss the case, the league claims player safety has always been a top priority. According to league officials, the case should be submitted to binding arbitration pursuant to the players’ collective bargaining agreement.
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
By Beth Graham - April 11, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.
Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
By Karl Bayer - April 10, 2013
The following is part 2 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Though attitudes may have changed since the 1997 Fortune 1,000 corporate counsel survey, systems seem to have remained ingrained in business culture which has prevented an overall acceptance of ADR processes.
Texas Legislative Roundup April 3, 2013
By Beth Graham - April 3, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history.
Disputing’s Own Karl Bayer Interviewed by Dave Hilton from Conflict Specialist Show
By Karl Bayer - March 29, 2013
Dave Hilton from the Conflict Specialist show discusses dispute resolution, conflict management, mediation, conflict coaching, negotiation, arbitration, ombuds, leadership, persuasion, psychology and other related topics with experts, authors, bloggers, specialists, speakers and practitioners around the world. In his latest episode he interviews blogger and ADR practitioner Karl Bayer. Watch the interview on youtube. Visit Dave Hilton’
Constitutional Conundrums in Arbitration
By Beth Graham - March 25, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘s Center for the Study of Dispute Resolution, recently published a thoughtful book review entitled Constitutional Conundrums in Arbitration, 15 Cardozo Journal of Conflict Resolution __ (forthcoming 2013). Here is the abstract: Professor Peter Rutledge’s new book, Arbitration and the Constitution (Cambridge University Press, 2013), offers t
Digital Disagreements: Neural Networks and Their Potential
By Karl Bayer - March 22, 2013
Neural Networks: The Potential Part 3 of 3 This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like
Digital Disagreements: Artificial [Intelligence] Arbitration
By Karl Bayer - March 20, 2013
Part 2 of 3 This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. ODR and AI The subfield of Artificial Intelligence [AI] in Online Dispute Resolution has been progressing rapidly. There is no doubt that it will have a broad impact. Law and AI are particularly well-suited to work together as they
Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution
By Karl Bayer - March 18, 2013
Part 1 of 3 This is the first installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead to increased speed of dispute resolution and reduced costs.[2] However, recently arbitration has taken on some of the formal
FINRA Hearing Panel States FAA Preempts Rules Permitting Class Action Claims
By Beth Graham - March 6, 2013
A Financial Industry Regulatory Authority (FINRA) panel has stated broker-dealer Charles Schwab may enforce a class action waiver included in its customer arbitration agreement despite the existence of a FINRA rule that prohibits such waivers. According to the panel, the FINRA rule is preempted by the Federal Arbitration Act (FAA). In Department of Enforcement v. Charles Schwab & Company, Inc., No. 2011029760201, FINRA’s Enforcement Departmen
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