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All articles tagged '"arbitration agreement"'
238 articles found
Fifth Circuit Vacates Arbitral Award Because Arbitrator Ordered Class Arbitration Without a Sufficient Contractual or Legal Basis
By Victoria VanBuren - May 29, 2012
The United States Court of Appeals for the Fifth Circuit ruled that an arbitrator exceeded his powers by ordering class arbitration without a sufficient contractual or legal basis for doing so. Background In Reed v. Florida Metropolitan University, Inc. No. 11-50509 (5th Cir. May 18, 2012) Plaintiff Jeffrey Reed obtained a bachelor’s degree in paralegal studies at Everest University Online’s (“Everest”) distance learning p
Arbitration and Mediation Legislative Update | May, 2012
By Victoria VanBuren - May 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
Texas Supreme Court Rules on Appellate Court Jurisdiction Over Order Confirming Arbitration Award in Part and Vacating the Award in Part
By Victoria VanBuren - May 14, 2012
In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the issue is whether an appellate court has jurisdiction over an appeal from a trial court order confirming an arbitration award in part and vacating the award in part based on the existence of unresolved questions of law or fact necessary to a ruling, yet the trial court did not expressly direct a rehearing. The Texas Supreme Court concluded that
Arbitration and Mediation Legislative Update | April, 2012
By Victoria VanBuren - April 26, 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
Ninth Circuit Rules on Enforceability of Class Action Waiver Under the Federal Arbitration Act
By Victoria VanBuren - April 4, 2012
In Coneff v. AT&T, No. 09-35563 (9th Cir. March 16, 2012), Plaintiffs are current and former customers of defendants, New Cingular Wireless Services, Inc., and AT&T Mobility, LLC (“AT&T”). Plaintiffs filed a class action against AT&T, which responded by seeking to enforce an arbitration agreement contained in its contracts with Plaintiffs. The service agreement requires individualized arbitration of “all disputes and claims,” and
Arbitration and Mediation Legislative Update | March, 2012
By Victoria VanBuren - March 28, 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 Interprets the Meaning of a Reasoned Arbitral Award
By Victoria VanBuren - March 14, 2012
In Rain CII Carbon, LLC v. ConocoPhillips Co. No. 11-30669 (5th Cir. March 9, 2012) ConocoPhillips Company (“Conoco”) appeals the district court’s judgment confirming an arbitration award favorable to Rain CII Carbon, LLC (“Rain”). Since 2005, Conoco and Rain were parties to a long-term supply contract which includes a complex formula for capturing the market price of green coke. The contract provides that if a party believed the formula no longe
Update on Arbitration Provisions in the Dodd-Frank Wall Street Reform Act
By Victoria VanBuren - February 24, 2012
As readers may recall, on July 21, 2010 President Barack Obama signed into law the Restoring American Financial Stability Act of 2010 (a.k.a. the “Dodd-Frank Wall Street Reform and Consumer Protection Act”). House Versions: H.R. 4173 and Congressional Actions. The final version of P.L. 111-517 (H.R. 4173) is here. The Act, whose goal was to “promote the financial stability of the United States by improving accountability and transparency in
Fifth Circuit Finds Arbitration Clause Illusory
By Victoria VanBuren - February 20, 2012
The United States Court of Appeals for the Fifth Circuit held that an agreement was illusory because the defendant retained the unilateral right to modify or terminate the arbitration provision at any time. In Carey v. 24 Hour Fitness, USA, Inc. No. 10-20845 (5th Cir. Jan. 25, 2012) John Carey (“Carey”) is a former sales representative for 24 Hour Fitness, USA, Inc. (“24 Hour Fitness”). During Carey’s period of emplo
Article | International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective
By Victoria VanBuren - February 10, 2012
Professor S.I. Strong (contributor of this blog) has published recently yet another interesting article, “International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective.” The article appears in 22 Duke Journal of Comparative & International Law 47 (2011). Here is the abstract: Although the Republic of Colombia is one of Latin America’ economic powerhouses, with a free
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