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GUEST-POST | Survey on Current and Preferred Practices in Arbitration
By Victoria VanBuren - October 4, 2012
by Michael McIlwrath The new international survey on arbitral practices has just been released. This iteration (the 4th), conducted by the School of International Arbitration of Queen Mary University and White & Case, captured responses from 710 in-house counsel, external counsel specialists, and arbitrators. It sought to answer these questions: to what extent are truly harmonized practices emerging in international arbitration? And if such p
Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles
By Victoria VanBuren - October 3, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review 201 (2012). The abstract is: In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the United States Supreme Court stated that class arbitration “changes the nature of arbitration,” an idea that was also reflect
GUEST-POST | Key Mistakes Good Litigators Make in Arbitration | Omaha, Oct. 19, 2012
By Victoria VanBuren - October 1, 2012
Dear Friends and Colleagues, Let me call your attention to an exciting-full day Arbitration seminar to be hosted by Creighton Law School on Friday, October 19, 2012. I anticipate the attendees will be a mixture of practicing advocates as well as practicing arbitrators. Breakfast and lunch will be provided, so the opportunity to network, enjoy camaraderie, and share skills and ideas, will be abundant. The location is, admittedly, Omaha. Here are t
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?
By Victoria VanBuren - September 26, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?” 3 Yearbook on International Arbitration __ (forthcoming 2012) – preprinted in 9 Transnational Dispute Management (Aug. 2012) The abstract is: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) h
Article | Mass Procedures as a Form of ‘Regulatory Arbitration’ | Abaclat v. Argentine Republic and the International Investment Regime
By Victoria VanBuren - September 19, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” 38 The Journal of Corporation Law __ (forthcoming 2013) on SSRN. The abstract is: Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unp
GUEST-POST | Credit Card Arbitration by the (New) Numbers: Why Do Credit Card Issuers Use Arbitration Clauses?
By Victoria VanBuren - August 28, 2012
by Don Philbin The wide-spread use of arbitration clauses in consumer credit card agreements was one of the reasons for creating the Consumer Financial Protection Bureau (CFPB). One of the by-products of the Credit Card Accountability Responsibility and Disclosure Act of 2009 is an extensive database of credit card agreements. Professor Chris Drahozal takes a rigorous look at that data to test arbitration assumptions in the most recent issue of t
Professor S.I. Strong Named as a U.S. Supreme Court Fellow for the 2012-2013 Term
By Victoria VanBuren - August 21, 2012
We are pleased to announce that our blog contributor, Professor S.I. Strong (University of Missouri School of Law), has been selected as a Fellow of the Supreme Court of the United States for the 2012-13 term. Professor Strong will be assigned to the International Relations Office of the Federal Judicial Center, where she will examine the federal judicial process and seek, propose, and implement solutions to problems in the administration of just
GUEST-POST | Professor Alan Scott Rau Comments on BP v ExxonMobil
By Victoria VanBuren - August 6, 2012
by Alan Scott Rau BP Exploration Libya Limited v. ExxonMobil Libya Limited, et al, No. 11-20547 (5th Cir. July 30, 2012) is a little case that illustrates perfectly the muddle that frequently arises when linked agreements bind multiple parties to resolve through arbitration disputes arising out of related transactions. It is at least clear here, unlike some cases, that there has to be “one arbitration”—this is in fact what the agreements se
GUEST-POST | Cross-border Agreements into India: The Arbitration Clause
By Victoria VanBuren - July 27, 2012
by Rustam Dubash and Saionton Basu Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding
Article | National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report
By Victoria VanBuren - July 3, 2012
Professors Thomas Stipanowich (Pepperdine University School of Law), Nancy Welsh (Penn State University School of Law), Lisa Blomgren Bingham (Indiana University Bloomington), and Lawrence R. Mills have posted “National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report” on SSRN. The abstract is: Building upon the work of the ABA Dispute Resolution Section’s Consumer Arbitrat
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