Karl Bayer's Disputing Blog

Part One: Reflections on the State and Future of Commercial Arbitration

By Beth Graham - November 6, 2014

Professor Thomas Stipanowich recently completed a landmark survey regarding the evolution of commercial arbitration in both U.S. and international business disputes. The results of the wide-ranging survey are examined more fully in two forthcoming scholarly articles.

Groundbreaking Survey Examines Commercial Arbitration Practices and Trends

By Beth Graham - November 5, 2014

Disputing is pleased to announce a series exploring the findings of Pepperdine University School of Law Professor Thomas Stipanowich in his notably significant research paper, “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals,” and its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Zachary Ulrich.

Friendly Persuasion in Civil Case Mediations

By Beth Graham - November 3, 2014

Professor James A. Wall Jr., Fellow at the University of Missouri School of Law’s Center for Dispute Resolution, and Dr. Suzanne Chan-Serafin, Senior Lecturer at the University of New South Wales School of Organization and Management, have published an interesting article entitled, Friendly Persuasion in Civil Case Mediations, Conflict Resolution Quarterly, 31: 285–303.

Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments

By Beth Graham - October 27, 2014

Louis Del Duca, Edward N. Polisher Distinguished Faculty Scholar Emeritus and Director, Institute of Commercial Law at the Penn State Dickinson School of Law, has published Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments, Uniform Commercial Code Law Journal, Vol. 46, p. 71, 2014.

A Fair Fight: Professional Guidelines in International Arbitration

By Beth Graham - October 20, 2014

Professor William W. Park, R. Gordon Butler Scholar in International Law at the Boston University School of Law has published a thoughtful article entitled, A Fair Fight: Professional Guidelines in International Arbitration, Forthcoming, 30 Arbitration International 409 (2014); Boston Univ. School of Law, Public Law Research Paper No. 14-53.

Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection

By Beth Graham - October 13, 2014

Jean R. Sternlight, Director of the Saltman Center for Conflict Resolution and Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law has authored Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection, Brooklyn Law Review, Vol. 80, 2015, Forthcoming.

EnergyBuzz: Arbitration for Energy Disputes

By Beth Graham - October 8, 2014

According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.”

Inherent Powers of Arbitrators to Deal with Ethical Issues

By Beth Graham - October 6, 2014

Margaret L. Moses, Professor of Law and Director of the International Law and Practice Program at Loyola University Chicago School of Law has authored Inherent Powers of Arbitrators to Deal with Ethical Issues, Forthcoming in the Fordham Papers 2014, Ed. Arthur Rovine; Loyola University Chicago School of Law Research Paper No. 2014-01.

Arbitration and the Contract Exchange

By Beth Graham - September 29, 2014

Andrew A. Schwartz, Associate Professor of Law at the University of Colorado Law School, has published Arbitration and the Contract Exchange, Ohio State Journal on Dispute Resolution, Vol. 29, No. 2, 2014; U of Colorado Law Legal Studies Research Paper No. 14-7.

Crossing the Threshold: Arbitral Jurisdiction after BG Group

By Beth Graham - September 22, 2014

Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l'honneur de Pierre Mayer (2015 Forthcoming).