Karl Bayer's Disputing Blog

When Should You Choose JAMS, AAA or CPR Rules?

By Beth Graham - July 4, 2013

Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties.

The Mediation Solution

By Beth Graham - July 2, 2013

Two Business Law Professors at the University of San Diego just published a thoughtful article entitled The Mediation Solution, BizEd July / August 2013; AACSB International, pp. 58-59, which discusses mediation in the post-secondary educational system.

Arbitration and the Future of Delaware’s Corporate Law Franchise

By Beth Graham - June 19, 2013

n ongoing constitutional challenge to the unique Delaware Arbitration Program is a hot topic in ADR circles lately. Earlier this month, Disputing highlighted the relatively new program that allows sitting judges to act as arbitrators in a series of blog posts.

12 Ways to Achieve Efficiency and Speed in Arbitration

By Karl Bayer - June 17, 2013

Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013).

Individuals, Groups and Intergroups: Theorizing About the Role of Identity in Conflict and its Creative Engagement

By Beth Graham - June 13, 2013

Professors Jay Rothman and Michal Alberstein of the Conflict Management, Resolution and Negotiation Program at Bar Ilan University recently authored a thoughtful article entitled, Individuals, Groups and Intergroups: Theorizing About the Role of Identity in Conflict and its Creative Engagement, Ohio State Journal on Dispute Resolution, Forthcoming.

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.

Equal Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations

By Beth Graham - May 29, 2013

Frederic G. Sourgens, Associate Professor of Law at Washburn University School of Law has published Equal Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations, North Carolina Journal of International Law and Commercial Regulation, Vol. 38, No. 4, 2013. In his article, Professor Sourgens discusses the procedure for establishing jurisdictional proof in investor-state arbitral proceedings.