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All articles tagged '"arbitration agreement"'
238 articles found
Arbitration and Mediation Legislative Update | August, 2012
By Victoria VanBuren - August 14, 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
Armstrong v. Tygart | Existence of Agreement to Arbitrate
By Victoria VanBuren - August 6, 2012
by Renée Kolar This coming Friday, August 10th 2012, the U.S. District Court for the Western District of Texas, Austin Division, will have to decide whether or not it should enjoin Defendants from enforcing an arbitration deadline against Lance Armstrong while the lawsuit progresses. In anticipation of the hearing, this week we will be summarizing Armstrong’s complaints and Tygart and USADA’s responses in their motion for summary judgment. Backgr
Recent Developments in International Arbitration | July 2012
By Victoria VanBuren - July 31, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): United Kingdom: Comity prevents English courts from issuing anti-suit injunction United Kingdom: Damages for breach of arbitration agreement Hungary: Interpreting new restrictions on arbitration Canada: Canada’s international commercial arbitration statutes unde
Armstrong v. Tygart | USADA Files Motion to Dismiss Lance Armstrong’s Suit
By Victoria VanBuren - July 21, 2012
by Renée Kolar On July 20, the United States Anti-Doping Agency (USADA) filed its Motion to Dismiss Lance Armstrong’s Amended Complaint. (Read Motion to Dismiss here) In their motion, Defendants USADA and Travis Tygart, in his official capacity as the Chief Executive Officer of USADA, assert that the suit should be dismissed for lack of subject matter jurisdiction or, in the alternative, it should be dismissed or stayed under Section 3 of t
Armstrong v. Tygart | Lance Armstrong’s Suit and Restraining Order against USADA
By Victoria VanBuren - July 17, 2012
By Renée Kolar On July 9, 2012 Lance Armstrong filed a lawsuit and a motion for a Temporary Restraining Order (TRO) in the Western District of Texas in an attempt to shut down the USADA case. (read the Complaint and TRO) Order Dismissing the Case However, six hours later, the Court dismissed (without prejudice) Armstrong’s suit in a strongly worded Order. The Court noted, “Contrary to Armstrong’s apparent belief, pleadings filed in the United Sta
Arbitration and Mediation Legislative Update | July, 2012
By Victoria VanBuren - July 11, 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
Arbitration and Mediation Legislative Update | June, 2012
By Victoria VanBuren - June 21, 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
California Court Affirms Class Action Waivers in Employment Arbitration Contracts
By Victoria VanBuren - June 19, 2012
The California Court of Appeal held that class action waivers are enforceable in California employment arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Arshavir Iskanian worked as a driver for defendant CLS Transportation Los Angeles, LLC (“CLS”) from March 2004 to August 2005. In December 2004, Iskanian signed a “Proprietary Information and Arbitration Policy/Agreement” (arbitration agreement) that contains
Eleventh Circuit Rules that Delegation Provision is Valid under the Federal Arbitration Act
By Victoria VanBuren - June 14, 2012
In In re Checking Account Overdraft Litigation, No. 11-14282 (11th Cir. March 21, 2012). Maxine Given filed a class action against Manufacturers and Traders Trust Company (M&T Bank), alleging that M&T Bank improperly charged its checking account customers overdraft fees. The customer agreement included an arbitration clause obligating customers to arbitrate disputes arising out of the checking account; it also stated that whether a disput
Recent Developments in International Arbitration | May, 2012
By Victoria VanBuren - May 30, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Ecuador:Court prevents a disrupting strategy to derail arbitration Lebanon: When does an arbitration agreement extend to third parties? Malaysia: Court clarifies timeframe for setting aside award Switzerland: Supreme Court rules on Private International Law Act Sweden
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