Lea Haber Kuck and Julie Bédard from Skadden, Arps, Slate, Meagher & Flom LLP created recently a helpful selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). The clauses have integrated notes with explanations and drafting tips. Read the standard arbitration clauses here. Technorati Tags: law, ADR, arbitration
Continue reading...The Winter 2011 edition of the ABA Dispute Resolution Magazine is out! Here is the table of contents: Judges and Settlement: So Little Regulation With So Much at Stake, By John C. Cratsley The Judicially Hosted Settlement Conference—My Case in the Balance: Musings of a Trial Attorney, By Gregory D. Brown Think I Blew It, By Kristena A. LaMar Is a Robe Ever Enough? Judicial Authority and Mediation Skill on Appeal, By Claudia L. Bernard Judge Settlements Versus Mediated Settlements, By Stephen G. Crane Judicial Mediation of Cases Assigned to the Judge for Trial, Wayne D. Brazil interviews Celeste F. Bremer and Karen K. Klein You may download the magazine here. (ABA membership required) Technorati Tags: law, ADR, arbitration
Continue reading...The recent consent decree between the Department of Justice and Google, allows Google to acquire ITA, a provider of fare-calculations for online travel agencies. The settlement requires Google, among other things, to: (1) continue developing ITA’s software products and license them to travel vendors on reasonable terms, (2) implement an internal firewall to prevent Google from gaining access to commercially sensitive information of travel vendors licensing ITA’s products, and (3) refrain from entering agreements with airlines that would deprive travel vendors of flight information. Interestingly, the department said that “Google will also be required to provide mandatory arbitration under certain circumstances and provide for a formal reporting mechanism for complainants if Google acts in an unfair manner.” Read the press release here. Technorati Tags: law, ADR, arbitration
Continue reading...In response to the U.S. Supreme Court decision in AT&T, Mobility, LLC v. Concepcion, Senator Al Franken announced his plan to reintroduce the Arbitration Fairness Act . The Act would ban mandatory arbitration clauses in employment, consumer, and civil rights cases. “This ruling is another example of the Supreme Court favoring corporations over consumers,” said Sen. Franken. “The Arbitration Fairness Act would help rectify the Court’s most recent wrong by restoring consumer rights. Consumers play an important role in holding corporations accountable, and this legislation will ensure that consumers in Minnesota and nationwide can continue to play this crucial role.” Find the press release here. Related Posts: GUEST-POST Part II | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May2, 2011) GUEST-POST Part I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May 2, 2011) Law Review Article | Regulating Mandatory Arbitration (Apr. 15, 2011) GUEST-POST Part II | Employment Arbitration: Short-Term Value but Long-Term Harm (Jan. 7, 2010) GUEST-POST Part I | Employment Arbitration: Short-Term Value but Long-Term Harm (Jan. 6, 2010) 2009 Developments: Consumer and Employment Arbitration (Dec. 23, 2009) Arbitration Fairness Act of 2009 – H.R. 1020 Gaining Momentum? (Nov. 11, 2009) WSJ: “Turmoil in Arbitration Empire Upends Credit-Card Disputes” (Oct. 19, 2009) Defense Contractor Mandatory Arbitration Passes Senate [with video] (Oct. 13, 2009) Jones v. Halliburton: Fifth Circuit Rules on Arbitration of Tort Claims by an Employee (Sept. 18, 2009) GUEST-POST |Rectifying a Critical Flaw in the Arbitration Fairness Act of 2009 (April 27, 2009) Technorati Tags: law, ADR, arbitration
Continue reading...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.
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.