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All articles tagged '"arbitration agreement"'
238 articles found
U.S. Fifth Circuit Sends Age Discrimination Case to Arbitration
By Beth Graham - February 28, 2013
The United States Fifth Circuit Court of Appeals has held that an age discrimination claim must be arbitrated. In Klein v. Nabors, No. 11-30824 (5th Cir. 2013), an oil rig worker, Gary Klein, sued his former employer, Nabors Drilling USA, for age discrimination in the Western District of Louisiana after he was terminated from the company. Prior to his employment, Klein reportedly signed a company form that acknowledged all employment disputes wou
Fifth Circuit Reverses Order Compelling Non-Signatory to Arbitrate
By Beth Graham - February 19, 2013
In an unpublished opinion, the Fifth Circuit has reversed a United States District Court’s order compelling a ship builder and a propulsion system manufacturer to arbitrate a dispute between them. In VT Halter Marine, Inc. v. Wartsila North America, Inc., No. 12-60051, (5th Cir. Feb. 8, 2013), a ship operator, Vessel Management Services, Inc. (“Vessel Management”) contracted with a ship manufacturer, VT Halter Marine, Inc. (“VTHM”), to build a nu
Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ Rule
By Beth Graham - February 18, 2013
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published a research paper entitled “Arbitrating Federal Antitrust Claims, Class Action Waivers, and the ‘Effective Vindication’ Rule,” Univ. of Texas Law, Public Law Research Paper No. 349. The paper is a preview of the issues before the United States Supreme Court in American Express Corp. v. Italian Colors Rest
2011-12 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 23, 2013
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and ended on January 3, 2013. Bills that became law: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a derivation proceeding may resolve the dispute via arbitration. See Section 135(f). H.R. 1249; Stat
2012 Developments in International Arbitration
By Victoria VanBuren - December 28, 2012
Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles): Austria: Costly decision: court refuses to set aside arbitral award Austria: Supreme Court defines limits of arbitration agreements Austria: Supreme Court takes restrictive view on state immunity Brazil: Bum
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State
By Jeremy Clare - November 26, 2012
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and
Fulbright Releases its 2012 International Arbitration Report, Issue 2
By Victoria VanBuren - November 7, 2012
Fulbright & Jaworski, LLP published recently its 2012 International Arbitration Report, Issue 2. Topics in this issue include: How to Optimize Your Expert Evidence The Law Governing the Arbitration Agreement Damages for Breach of an Agreement to Arbitrate Section 1782 Held Applicable to Private Arbitrations You may download the Report (free of charge) here.
Arbitration and Mediation Update | October 2012
By Victoria VanBuren - October 24, 2012
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
Fifth Circuit Decides on Arbitrability of Claims
By Victoria VanBuren - September 10, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award. In Petrofac, Inc., v. DynMcDermott Petroleum Operations Company, No. 1-20141 (5th Cir. July 17, 2012), DynMcDermott Petroleum Operations Company (“DM”), which operates the Strategic Petroleum Reserve for the Department of Energy, contracted with Petrofac to design and install a transportable degas plant to
Fifth Circuit Rules on Arbitrator Appointment Process
By Victoria VanBuren - September 6, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit ruled that the district court exceeded its authority under 9 U.S.C. § 5 by not limiting the number of arbitrators appointed to the number agreed to by the parties in the arbitration agreement. Background In BP Exploration Libya Ltd., v. ExxonMobil Libya Ltd., v. Noble North Africa Ltd. No. 11-20547 (5th Cir. July 30, 2012), ExxonMobil Libya (“Exxon”) and N
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