Karl Bayer's Disputing Blog

International Implications of the Will as an Implied Unilateral Arbitration Contract

By Beth Graham - September 22, 2016

S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “International Implications of the Will as an Implied Unilateral Arbitration Contract,” 68 Florida Law Review Forum, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-21.

The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses

By Beth Graham - September 9, 2016

Kristen M. Blankley, Associate Professor and Director of the Robert J. Kutak Center for the Teaching and Study of Applied Ethics at the University of Nebraska College of Law, has published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses,” Creighton Law Review, Vol. 49, No. 4, pp. 743-774, 2016.

Affiliation Bias in Arbitration: An Experimental Approach

By Beth Graham - September 2, 2016

Sergio Puig, Associate Professor at the University of Arizona James E. Rogers College of Law, and Anton Strezhnev, PhD candidate in the Department of Government at Harvard University, have published a thought-provoking article entitled “Affiliation Bias in Arbitration: An Experimental Approach,” Arizona Legal Studies Discussion Paper No. 16-31.

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

By Beth Graham - August 25, 2016

Edna Sussman, SussmanADR LLC, has published “The Arbitrator Survey: Practices, Preferences and Changes on the Horizon,” The American Review of International Arbitration, 2015/Vol. 26, No. 4.

Regulating Arbitration

By Beth Graham - August 16, 2016

Rutgers Law School Assistant Professor David L. Noll has published “Regulating Arbitration,” California Law Review, Forthcoming.

The Rules of the CAS Anti-Doping Division and the CAS Ad Hoc Division at the Olympic Games

By Beth Graham - August 8, 2016

Despina Mavromati, Managing Counsel and Head of Research & Mediation at the Court of Arbitration for Sport, has written a timely paper entitled, “The Rules of the CAS Anti-Doping Division and the CAS Ad Hoc Division at the Olympic Games.”

Special Masters: A Different Answer to a Perennial Problem

By Beth Graham - August 3, 2016

Disputing is proud to announce that "Special Masters: A Different Answer to a Perennial Problem" by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.

Will the Supreme Court Agree to Address Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers?

By Beth Graham - July 26, 2016

Christine Neylon O'Brien, Professor of Business Law at Boston College - Carroll School of Management has written “Will the Supreme Court Agree with the NLRB that Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not?,” University of Pennsylvania Journal of Business Law, Vol. 19, accepted (Forthc

Are Rules Allowing Arbitral Sanctions a Mirage?

By Beth Graham - July 19, 2016

Paul Bennett Marrow, Adjunct Professor at New York Law School, Member of the Commercial Panel for the American Arbitration Association, ADR Systems, Public Member of the FINRA Panel of Neutrals, and Fellow at the Chartered Institute of Arbitrators in London, England, has published “Are Rules Allowing Arbitral Sanctions a Mirage?,” 88 Journal New York State Bar Association 28, June 2016.

Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law

By Beth Graham - July 12, 2016

David S. Schwartz, Foley & Lardner Bascom Professor of Law at the University of Wisconsin Law School, has published “Justice Scalia's Jiggery-Pokery in Federal Arbitration Law,” Minnesota Law Review, Vol. 101, Headnotes 75 (2016); Univ. of Wisconsin Legal Studies Research Paper No. 1387.