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All articles tagged '"arbitration clauses"'
85 articles found
Individualized Injunctions and No-Modification Terms: Challenging ‘Anti-Reform’ Provisions in Arbitration Clauses
By Beth Graham - September 3, 2014
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law, has published Individualized Injunctions and No-Modification Terms: Challenging 'Anti-Reform' Provisions in Arbitration Clauses, University of Miami Law Review, 2014 Forthcoming; Cardozo Legal Studies Research Paper No. 437.
Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case
By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.
2013 Disputing Featured Blog Posts on Mediate.com
By Beth Graham - January 6, 2014
Disputing has been a Featured Blog on Mediate.com since 2009. We are pleased to share our Mediate.com featured blog posts of 2013 with you here:
The Federalization of Consumer Arbitration: Possible Solutions
By Beth Graham - November 19, 2013
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at the Ohio State University’s Moritz College of Law has authored The Federalization of Consumer Arbitration: Possible Solutions.
Fifth Circuit Holds Arbitration Provision Included in Employee Handbook is Illusory and Unenforceable Under Texas Law
By Beth Graham - November 5, 2013
In an unpublished opinion, the Fifth Circuit has affirmed a Texas federal court’s decision to deny a company’s motion to compel arbitration in an employment discrimination and retaliation lawsuit.
Incorporation by Reference in Maritime Arbitration
By Beth Graham - October 2, 2013
Arjya B. Majumdar, Assistant Professor and Assistant Director of the Centre for Global Corporate and Financial Law and Policy at the Jindal Global Law School in New Delhi has authored a thoughtful paper entitled, Incorporation by Reference in Maritime Arbitration, Transportation Law Journal (forthcoming).
Arbitration Lessons From State Courts
By Beth Graham - August 20, 2013
Liz Kramer at Arbitration Nation has compiled a thorough blog post that examines a number of arbitration decisions that were handed down by various state high courts in recent months.
‘Sticky’ Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex
By Beth Graham - August 9, 2013
Professors Peter B. Rutledge, University of Georgia Law School, and Christopher R. Drahozal, University of Kansas School of Law, have authored a paper that uses empirical evidence to examine the effect the United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion has had on arbitration clauses in business contracts.
American Exceptionalism in Consumer Arbitration
By Beth Graham - May 22, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disp
Congress Considers Arbitration Fairness Act of 2013
By Beth Graham - May 10, 2013
Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts. Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.
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