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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

ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration

By Victoria VanBuren - August 18, 2011

ABA Journal reports that AT&T filed last week eight lawsuits in federal courts seeking to block customer arbitrations that could prevent a potential merger with T-Mobile. Related Posts: AT&T Sues Customers Who Seek to Block T-Mobile Deal, Reuters (Aug. 17) AT&T Goes After Customers Over T-Mobile Merger Lawsuit, PC Magazine (Aug. 15) LawFirm Says 1,000 Customer Arbitration Cases Files Seeking to Stop AT&T T-Mobile Deal, All Things D (Aug. 9) AT&T Customers File Arbitration Cases Seeking to Block T-Mobile Merger, All Things D (July 22) GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion, Disputing (May 26) GUEST-POST PART II | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion, Disputing (May 25) GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion, Disputing (May 24) AT&T Mobility, LLC v. Concepcion: FAA preempts rule that makes class action waivers in arbitration agreements unenforceable, DLA Piper (May 2) GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force, Disputing (May 2) GUEST-POST PART II | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force, Disputing (May 2) Opinion analysis: What counts as arbitration, and who decides? SCOTUSblog (April 30) Arbitration Decision Suggests SCOTUS Majority Are Pro-Business More Than Jurisprudential Conservatives, Dorf on Law (April 29) AT&T Mobility LLC v. Concepcion: Arbitration, Legal Fees and Class Actions, ADR Law (April 29) Seeking a Day in Court: When Litigants Reject Tenders of Damages, Business Conflict Blog (April 28) After AT&T Ruling, Should We Say Goodbye to Consumer Class Actions? The Wall Street Journal (April 27) Stay tuned. Technorati Tags: law, ADR, arbitration

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Recent Developments in International Arbitration | August, 2011

By Victoria VanBuren - August 17, 2011

We thought that you might find interesting the following recent developments in international arbitration published by the International Law Office service: Brazil: What constitutes a domestic arbitral award? Greece: Enforcing interest claims in arbitration India: Court implies exclusion of Part I of Arbitration Act in favour of alternative law Malaysia: Court rules on importance of maintaining arbitral panel members Mexico : New bill disregards general principles of mediation Switzerland: Parties’ right to be heard on costs Turkey: New Code of Civil Procedure regulates domestic arbitration Ukraine Challenging international arbitration awards: legislative changes trigger debate United Kingdom Arbitrators not employees in anti-discrimination legislation Technorati Tags: law, ADR, arbitration

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American Bar Association Blawg 100 Amici

By Victoria VanBuren - August 15, 2011

It is time to vote for your favorite blawgs! Following find the American Bar Association announcement and instructions. We’re working on our annual list of the 100 best legal blogs, and we’d like your advice on which blawgs you think we should include. Use the form below to tell us about a blawg—not your own—that you read regularly and think other lawyers should know about. Or if you don’t have particular blawgs in mind but think blawgs from a certain practice areas should be represented in the Blawg 100, you can use this form to let us know which ones. If there is more than one blawg you want to support, feel free to send us additional amici through the form. We may include some of the best comments in our Blawg 100 coverage. But keep your remarks pithy—you have a 500-character limit. Friend-of-the-blawg briefs are due no later than Sept. 9, 2011. About Blawg 100 Amici Blawggers, by all means tell your readers about Blawg 100 Amici and invite them to send us messages on behalf of your blawg. But please know that we disregard amici from: • Blawggers who nominate their own blawgs or blawgs to which they have previously contributed posts. • Wives and husbands who nominate their spouses’ blawgs. • Employees of law firms who nominate blawgs with their own firm’s branding. • Public relations professionals in the employ of lawyers or law firms who nominate their clients’ blawgs. • Pairs of blawggers who have clearly entered into a gentlemen’s agreement to nominate each other. There is no specific criteria that a blawgger can meet to be guaranteed a spot on the Blawg 100. And we think our list would suffer if there were. A blawg’s whole can be greater than the sum of its parts, and a blawg that never fails to post that daily update, has a beautiful design and an unwavering topical focus can very often have less of an impact than another blawg that is less consistent on all fronts. That said, please keep these criteria in mind when submitting Blawg 100 amici: • We’re only interested in blawgs in which the author is recognizable as a lawyer or law student in the vast majority of his or her posts. • The blawg should be written with an audience of lawyers or law students—rather than potential clients or potential law students—in mind. • The majority of the blawg’s content should be unique to the blawg and not cross-posted or cut and pasted from other publications. • We are not interested in blawgs that more or less exist to promote the author’s products and services. The link to submit your Blawg Amici is here.    

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New York Legislature Considers Adding Bias Ground for Vacation of Arbitral Awards

By Victoria VanBuren - August 11, 2011

As reported by the ADR Prof, the New York legislature is considering a bill (S. 5798-2011) that would amend New York’s Civil Practice Law & Rules §7511(b)(1)(ii) on Award vacaturs to state (new language in ALL CAPS): (ii) partiality of an arbitrator appointed as a neutral, except where the award was by confession; OR WHERE THE ARBITRATOR HAS BEEN AFFILIATED IN ANY WAY WITH ANY PARTY TO THE ARBITRATION, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES; OR WHERE THE ARBITRATOR HAS A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN ANY PARTY OR IN THE OUTCOME OF THE ARBITRATION; or… The bill’s justification states, The public policy in favor of arbitration which is codified in Section 7501 of the Civil Practice Law and Rules, is based upon the fact that arbitration can be a more efficient and cost-effective method for parties to resolve disputes. The presumption that an arbitration clause is enforceable has, however, become a sword to wield against parties oflesser means rather than a shield to protect against unnecessary litigation. Currently, a party must prove, either during the course of misconduct by the arbitrator or after an award by an arbitrator is perceived to be unfair, that the arbitrator was biased – even if the arbitrator clearly has an economic stake in the outcome of the dispute. This outcome is in direct opposition to the reasons (efficiency and fairness) why arbitration is favored. As arbitration is commonly thought to be a dispute resolution procedure that occurs in front of a neutral third party, codifying it as such will enforce the original intent of the law. The bill’s companion A7002-A-2011, already passed the assembly and was delivered to the Senate. Stay tuned. Technorati Tags: arbitration, ADR, law

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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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