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  • We’re Back!!!!
    Well, it’s been a while since we published and that is about to change.   Since I spent much of last year becoming
  • JAMS Welcomes Karl Bayer to its Panel of Neutrals
    JAMS, the world’s largest private alternative dispute resolution (ADR) provider, is pleased to announce that Karl Bayer
  • Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
    Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Ac
  • Picking the Proper Technological Tool for Problem-Solving in Arbitration
    Professor Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Chair in Law and Co-Director of the Translational Data An

Recent Posts

Texas Supreme Court Holds Trust Dispute Must be Arbitrated

By Beth Graham - May 9, 2013

Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages.

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International Arbitration and Discovery Under 28 U.S.C. Section 1782

By Beth Graham - May 8, 2013

S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored an article discussing the changing role of discovery requests pursuant to 28 U.S.C. Section 1782 in international arbitration disputes.

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Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court

By Beth Graham - May 7, 2013

The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. Next, the Appeals Court dismissed Appellants’ argument that Aflac’s request for arbitration and motion to enjoin their state-law claims was barred by the Anti-Injunction Act.

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Interest Arbitration as Alternative Dispute Resolution: The History

By Beth Graham - May 6, 2013

In a recently published paper, Professor Joseph Slater (University of Toledo College of Law) examines the long history of using “interest arbitration” in public-sector labor relations disputes. The paper gives a historical overview of the development of interest arbitration, discussing how and why it developed as it did.

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Arbitration

Arizona COA Holds Financially Burdensome Arbitration Agreement is Unenforceable

By Beth Graham - August 2, 2013

Most businesses and individuals consider arbitration a cost-effective dispute resolution method. In general, an agreement to arbitrate will be upheld by the various courts across the nation. In a precedent-setting decision, however, the Arizona Court of Appeals has ruled that financially burdensome arbitration agreements are “unconscionable” and therefore unenforceable.

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A Summary of Recent Arbitration Confirmation Cases

By Beth Graham - August 1, 2013

Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct

By Beth Graham - July 26, 2013

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.


About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

Recent Posts

We're Back!!!!
Feb 24, 2025
JAMS Welcomes Karl Bayer to its Panel of Neutrals
JAMS Welcomes Karl Bayer to its Panel of Neutrals
May 28, 2024
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
Nov 27, 2023

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