Menu
All articles tagged '"arbitration clauses"'
85 articles found
Corporate Counsel: Citi, Discover Can’t Shake Credit Card Antitrust Suit Over Arbitration
By Victoria VanBuren - February 23, 2012
Do credit card agreements still contain mandatory arbitration provisions? here is an update from Corporate Counsel: We’ve been deluged with news about challenges to mandatory arbitration clauses over the last few months, ever since the U.S. Supreme Court issued its AT&T Mobility v. Concepcion opinion last April. So it’s refreshing to read a decision on arbitration provisions with a twist: in this case a good old-fashioned (alleged
American Review of International Arbitration | Arbitral Power and the Limits of Contract: The New Trilogy
By Victoria VanBuren - October 12, 2011
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Arbitral Power and the Limits of Contract: The New Trilogy (October 7, 2011). American Review of International Arbitration, Forthcoming. Here is the abstract: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and the last two terms of the U.S. Supreme Court have curiously continued th
U.S. Congress Introduces the Arbitration Fairness Act of 2011
By Victoria VanBuren - May 16, 2011
As discussed last week, the 112th Congress is now contemplating the Arbitration Fairness Act of 2011. The Senate version was introduced by Sen. Al Franken on May 12, 2011 with 12 co-sponsors. Similarly, Rep. Johnson, Henry C. “Hank,” Jr. introduced the House version with 62 co-sponsors. The Arbitration Fairness Act of 2011 would ban mandatory pre-dispute arbitration clauses in employment, consumer, and civil rights cases. Senate versi
Skadden: Standard Arbitration Clauses for the AAA, ICDR and ICC
By Victoria VanBuren - May 12, 2011
Lea Haber Kuck and Julie Bédard from Skadden, Arps, Slate, Meagher & Flom LLP created recently a helpful selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). The clauses have integrated notes with explanations and drafting tips. Read the standard arbitration clauses here. Technorati Tags: law, ADR, ar
International Arbitration in Latin America| Webcast on May 4th, 2011
By Victoria VanBuren - May 3, 2011
Kluwer Arbitration will present the live Webcast “Prepare for the Worst: Designing the Best Arbitration Clauses for Latin American Investments” this Wednesday, May 4th, 2011 at 11:30am EDT. International arbitration experts will discuss drafting arbitration clauses in Latin America. The panel will also provide tips and guidelines about Latin American M&A transactions. Speakers: Nigel Blackaby – Freshfields Bruckhaus Deringe
Supreme Court of Texas Rules on Four FAA Preemption Cases
By Beth Graham - December 7, 2010
The Supreme Court of Texas has held that the Federal Arbitration Act (FAA) preempted the Texas General Arbitration Act (TAA) in three related general arbitration clauses, but that a similar, more specific clause was unenforceable under the TAA. In In re Olshan Foundation Repair Company, LLC, Nos. 09-0432, 09-0433, 09-0474, 09-0703, (Tex. December 3, 2010), Olshan was sued by four different customers (Waggoner, Kilpatrick, Tisdale and Tingdale) wh
Guest Post Part II.A | AT&T Mobility, LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 29, 2010
Part II.A: Section 2 Express Preemption – Textual Analysis by Philip J. Loree Jr. I. Introduction Part I of this series (here) was published the day before the United States Supreme Court heard oral argument in AT&T Mobility, LLC v. Concepcion, No. 09-893 (blogged here, here, here and here). Now that the argument has taken place, and we have had a chance to review the transcript (here), and listen to the audio (here), it’s time to begin delvi
Fifth Circuit Holds Arbitration Provision Illusory and Unenforceable
By Beth Graham - October 29, 2010
The Fifth Circuit Court of Appeals has held in an unpublished opinion that an arbitration provision in a multilevel marketing program contract which could be amended at the sole discretion of one party and bound the other party “upon notice” was illusory and unenforceable. In Juan Torres v. S.G.E. Management, L.L.C., No. 09-20778, (5th Cir., October 5, 2010), Ignite operated as a subsidiary of a retail provider of electricity in Texas. Ignite rel
Article | Arbitration-Related Litigation in Texas
By Beth Graham - October 13, 2010
Mark Trachtenberg and Christina Crozier from the Houston office of Haynes & Boone, L.L.P. recently published an interesting and useful article entitled “Arbitration-Related Litigation in Texas,” (29 Corporate Counsel Rev. 1 (2010)). The article discusses the effect of governing law on arbitration-related litigation, pre-arbitration litigation and post-arbitration litigation in the State of Texas. Here is an excerpt: Congress intended for arbi
Texas Bar Journal Article: “What You Always Wanted to Know About Arbitration”
By Beth Graham - September 8, 2010
Texas Bar Journal September 2010 | Volume 73, 8 This issue features an interesting article entitled “What You Always Wanted to Know About Arbitration” written by Scott D. Marrs and Sean P. Milligan. The article seeks to answer five key arbitration questions recently decided by the courts: 1. Can the parties agree that an arbitration award is appealable? In Hall Street Associates, Inc. v. Mattel, Inc., No. 06-989, 552 U.S. 576 (2008), the U.S. Sup
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy