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Article – Third Circuit Court of Hawaii Reports Home Foreclosure Mediation Pilot Project Statistics
By Beth Graham - September 7, 2010
The Third Circuit Court of Hawaii reported mid-year statistics for its Foreclosure Mediation Pilot Project (FMPP) in the Summer 2010 Center for Alternative Dispute Resolution Newsletter, ADR Times. Launched in November 2009, the FMPP allows borrower-occupants facing judicial foreclosure to request mediation through the program. Once a request is submitted to the court, the case is then scheduled for a judicial conference in which a judge determin
Law Review Article | Still Litigating Arbitration in the Fifth Circuit, But Less Often
By Victoria VanBuren - September 2, 2010
We invite you to read Donald R. Philbin, Jr. and Audrey Lynn Maness‘ latest Fifth Circuit law review article, Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010). Here is an excerpt: Arbitration remains under national klieg lights. It has “become a wide-ranging surrogate for civil litigation” in a wider variety of contracts than at any time in our nation?s history. This increased use has reveal
American Review of International Arbitration Article | Understanding (and Misunderstanding) ‘Primary Jurisdiction’
By Victoria VanBuren - August 31, 2010
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Understanding (and Misunderstanding) “Primary Jurisdiction, American Review of International Arbitration (forthcoming). Here is the abstract: In our “Westphalian” regime of international arbitration, conflict and competition between national jurisdictions, with overlapping and yet plausible claims to supervise the process, become inevitable. The conv
Article | Writing Arbitration Clauses After Rent-A-Center, West
By Victoria VanBuren - August 19, 2010
Allan Dinkoff from Weil Gotshal & Manges LLP wrote an interesting piece discussing arbitration clauses after the U.S. Supreme Court ruling on Rent-A-Center, West. Dinkoff suggests writing two arbitration clauses in employment agreements: The lessons to employers and others is clear. The agreement to arbitrate should contain two separate clauses, which should be made clearly independent. The first clause should contain the agreement to arbitra
Article | Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
By Victoria VanBuren - August 16, 2010
We came across the article Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International, by Robert E. Crotty from Kelley Drye & Warren LLP. Here is an excerpt: The U.S. Supreme Court’s April 27 ruling in Stolt-Nielsen v. AnimalFeeds Int’l. (No. 08-1198), leaves numerous questions unanswered, says attorney Robert E. Crotty in this BNA Insight. The five-justice majority rule
Article | Research in International Commercial Arbitration: Special Skills, Special Sources
By Victoria VanBuren - August 12, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, wrote recently the interesting article International Commercial Arbitration: Special Skills, Special Sources, American Review of International Arbitration, Vol. 20, No. 2, 2010. Professor Strong discusses practical issues confronting young attorneys in international commercial arbitration. Here is an excerpt: I. INTRODUCTION International commercial
Disputing Blog Cited by Law Review Article: ‘Still Litigating Arbitration in the Fifth Circuit, But Less Often’
By Victoria VanBuren - August 4, 2010
We are pleased to share with you that our blog Disputing has been cited by the law review article Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010) by Donald R. Philbin, Jr. and Audrey Lynn Maness. Kudos to the authors! The article can be accessed via Westlaw or LexisNexis. These are the Disputing blog posts cited by the article: Hall Street Meets S. Maestri Place: What Standards of Review Will the
Texas Mediator Article: 2009 Judicial Survey on Alternative Dispute Resolution
By Victoria VanBuren - June 16, 2010
By W. Reed Leverton In August, 2009 attendees of the annual Texas Judicial Conference were surveyed regarding their attitudes as to alternative dispute resolution processes, with a particular emphasis on mediation and arbitration. The survey was prepared by members of the Alternative Dispute Resolution Section Council and undertaken under the Council’s direction. 1,547 state judges (trial and appellate) were invited to this year’s conference, 566
Law Review Article: Jurisdictional Discovery in United States Federal Courts
By Victoria VanBuren - May 19, 2010
For those interested in discovery, Dr. S.I. Strong, Professor of Law at the University of Missouri and contributor to this blog, wrote recently an excellent article entitled “Jurisdictional Discovery in United States Federal Courts.” The piece appears in 67 Washington and Lee Law Review 489 (2010). Here is the abstract: Jurisdictional discovery ties together three principles central to federal civil procedure: the right to broad disco
ABA Journal Article: International Arbitration Loses Its Grip ?
By Victoria VanBuren - April 7, 2010
The April 2010 edition of the ABA Journal features: “International Arbitration Loses Its Grip” by Steven Seidenberg. The article argues that international arbitration is starting to become as expensive and time consuming as litigation in U.S. Courts. Here is an excerpt: Arbitration was supposed to be the solution for international companies seeking to resolve disputes without expensive and drawn-out court battles. But it is starting t
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