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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

Eleventh Circuit Affirms Order Vacating Arbitration Award Due to Fraud During Remote Proceedings

By Beth Graham - July 10, 2023

The United States Court of Appeals for the Eleventh Circuit has affirmed an order vacating an arbitration award after equitably tolling the statutory deadline to challenge it enumerated in 9 U.S.C. § 12 due to fraud.

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Using ODR Platforms to Level the Playing Field: Improving Pro Se Litigation through ODR Design

By Beth Graham - June 30, 2023

J.J. Prescott, Henry King Ransom Professor of Law at the University of Michigan Law School, has published “Using ODR Platforms to Level the Playing Field: Improving Pro Se Litigation through ODR Design,” Legal Tech and the Future of Civil Justice (David Freeman Engstrom, ed.) (Cambridge University Press 2023); U. of Michigan Law & Econ Research Paper 23-024.

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Ancestry.com Seeks Order Compelling Minors to Arbitrate Illinois Genetic Information Privacy Act Claims

By Beth Graham - June 26, 2023

Ancestry.com DNA LLC (“Ancestry”) has reportedly asked the United States Court of Appeals for the Seventh Circuit to order a putative class action lawsuit that was filed on behalf of a group of minors who Alleged the company violated the Illinois Genetic Information Privacy Act (“GIPA”) to arbitration. 

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SCOTUS Resolves Circuit Split in Arbitration Dispute Involving Crypto Platform

By Beth Graham - June 24, 2023

Yesterday, the Supreme Court of the United States held a district court must stay its proceedings pending resolution of an interlocutory appeal related to the question of arbitrability of a dispute that was filed pursuant to 9 U. S. C. §16(a). 

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Arbitration

The Global Goals of ESG (Environmental, Social and Governance)—Are Arbitral Institutions Doing Their Part (at Least, with Respect to the Environmental Pillar)?

By Beth Graham - July 11, 2023

Stephan Wilske, FCIArb, Lecturer at Heidelberg University, Leibniz Universität Hannover, and the German University for Administrative Sciences Speyer and Owner at Gleiss Lutz, and Annemie Heubach, Former Intern at Gleiss Lutz and LPC student at The University of Law, have recently published a timely article titled, “The Global Goals of ESG (Environmental, Social and Governance)—Are Arbitral Institutions Doing Their Part (at Least, with Respect to the Environmental Pillar)?” Contemporary Asia Arbitration Journal, Vol. 16, No. 1, pp. 1-30, May 2023.

Continue reading...

Eleventh Circuit Affirms Order Vacating Arbitration Award Due to Fraud During Remote Proceedings

By Beth Graham - July 10, 2023

Using ODR Platforms to Level the Playing Field: Improving Pro Se Litigation through ODR Design

By Beth Graham - June 30, 2023

Mediation

NADN Publishes Member Survey on ODR

By Beth Graham - July 26, 2021

The National Academy of Distinguished Neutrals (“NADN”) recently conducted an online national survey of its members.

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NADN Conducts “The Customer is Always Right(?)” Survey of Litigators

By Beth Graham - January 6, 2021

Remote Advocacy Through the Eyes of a Neutral

By Beth Graham - November 19, 2020

Healthcare Disputes

Federal Court Enjoins CMS Rule Banning Nursing Homes from Requiring Pre-Dispute Binding Arbitration Agreements

By Beth Graham - November 23, 2016

A Mississippi federal judge has blocked a Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) regulation that bars federally funded nursing homes from utilizing pre-dispute binding arbitration agreements.

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Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

By Beth Graham - October 5, 2016

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

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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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