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All articles tagged '"arbitration clause"'
137 articles found
2012 Disputing Featured Blog Posts at Mediate.com
By Victoria VanBuren - January 16, 2013
Disputing has been a mediate.com Featured Blog since 2009. We are pleased to share our Mediate.com featured blog posts of 2012: Ethical Intelligence in Conflict Engagement “If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intelligence. Nurses Addressing Conflict The Nurse Together blog has posted a four-part series on conflict
U.S Supreme Court Considers Two Arbitration Petitions
By Victoria VanBuren - November 8, 2012
The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Nitro-Lift Technologies,
GUEST-POST | Credit Card Arbitration by the (New) Numbers: Why Do Credit Card Issuers Use Arbitration Clauses?
By Victoria VanBuren - August 28, 2012
by Don Philbin The wide-spread use of arbitration clauses in consumer credit card agreements was one of the reasons for creating the Consumer Financial Protection Bureau (CFPB). One of the by-products of the Credit Card Accountability Responsibility and Disclosure Act of 2009 is an extensive database of credit card agreements. Professor Chris Drahozal takes a rigorous look at that data to test arbitration assumptions in the most recent issue of t
GUEST-POST | Cross-border Agreements into India: The Arbitration Clause
By Victoria VanBuren - July 27, 2012
by Rustam Dubash and Saionton Basu Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding
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
Colorado Federal District Court Determines Whether Arbitration Clause in Online Agreement is Illusory
By Victoria VanBuren - April 16, 2012
In a recent case, the United States District Court for the District of Colorado found online arbitration clause enforceable and granted Defendants’ Motion to Compel Arbitration. In Vernon v. Qwest Communs. Int’l, Inc., 09-cv-01840-RBJ-CBS (D. Col. Mar. 8, 2012) Plaintiffs are Qwest internet service customers who asserted claims on behalf of a multi-state consumer class action, alleging that Qwest’s imposition of a $200 early terminati
2011 Arbitration Case Law | Circuit Courts
By Victoria VanBuren - December 26, 2011
Today, as part of our 2011 Year-End Highlights, we present noteworthy arbitration opinions from the Circuit Courts (for Fifth Circuit decisions, click here). The Ninth Circuit refused to compel arbitration because arbitration clause was not broad enough to cover dispute. In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a strand
Indiana Court of Appeals Denies Motion to Compel Arbitration Because Arbitration Firm is no Longer Available
By Victoria VanBuren - December 13, 2011
In Geneva-Roth Capital, Inc. v. Edwards, 956 N.E.2d 1195 (Ind. Ct. App. Nov. 16, 2011) the Indiana Court of Appeals held that when the parties to an arbitration agreement select a specific arbitrator, and that arbitrator is no longer available, the arbitration agreement is null and void on grounds of impossibility. In the present case, Akeala Edwards filed a class action suit on behalf of herself and a purported class of Indiana residents who obt
Fifth Circuit Compels Non-Signatory to Arbitrate
By Victoria VanBuren - December 5, 2011
In Blaustein v. Huete, No.11-30057 (5th Cir. La. Oct. 26, 2011) Burt David Huete along with Richard and Gail Blaustein, formed Special Projects Limited, L.L.C. (“SPL”) in connection with their application for a provisional patent for a wireless tracking device they had invented. SPL retained Timothy and Christopher Maier of Maier & Maier, P.L.L.C. (“the Maiers”) to prepare the patent application. Maier’s representation agree
Fifth Circuit Rules on Arbitrability of Labor Union Grievances Under the CBA
By Victoria VanBuren - November 29, 2011
In Paper, Allied-Industrial Chem. & Energy Workers Int’l Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. La. 2011), plaintiff (the “Union”) filed suit to compel defendant corporation (“Exxon”) to arbitrate two labor grievances, pursuant to a provision in the collective bargaining agreement (“CBA”). The CBA defined “arbitrable grievance” as “good faith claim by one part
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