Karl Bayer's Disputing Blog

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART III

By Renee Kolar - April 7, 2014

As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner:

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART II

By Renee Kolar - April 4, 2014

Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1] Incorporating both statutory law and common law, arbitration in the early 1900s was described by one individual as “robust and active,” with most states having adopted arbitration statutes by this period.

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART I

By Renee Kolar - April 3, 2014

This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically.

The Future of Class Arbitration Part III

By Renee Kolar - April 2, 2014

In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future.

The Future of Class Arbitration Part II

By Renee Kolar - April 1, 2014

In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.

The Future of Class Arbitration Part I

By Renee Kolar - March 31, 2014

In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T v. Concepcion and Stolt-Nielsen v. AnimalFeeds, commentary addressed the possibility that class arbitration was dead.

Crowd Arbitration: Crowdsourced Dispute Resolution Part V

By Renee Kolar - March 28, 2014

Some forms of crowdsourced dispute resolution currently exist online. These dispute resolution processes can be put into three general categories: Opinion polls, online mock juries, and privately enforced crowdsourced dispute resolution.

Crowd Arbitration: Crowdsourced Dispute Resolution Part IV

By Renee Kolar - March 27, 2014

Can crowd arbitration do justice? It depends, of course, on the definition of justice. According to H.L.A. Hart in The Concept of Law, justice means having like cases being treated alike.

Crowd Arbitration: Crowdsourced Dispute Resolution Part III

By Renee Kolar - March 26, 2014

Do the benefits of time and cost savings make crowd arbitration a less reliable means of dispute resolution? In fact, the result is the opposite--having more people participate is actually likely to make the dispute resolution far more reliable and predictable than any other method.

Crowd Arbitration: Crowdsourced Dispute Resolution Part II

By Renee Kolar - March 25, 2014

Crowdsourcing is a potential source of substantial benefits to dispute resolution. The main reason for these benefits is that crowdsourcing easily pools together the views of a large amount of people, far more than could be collected into a single room for arbitration or a courtroom.