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All articles tagged '"England"'
18 articles found
Past As Prologue: Arbitration as an Early Common Law Court
By Beth Graham - March 28, 2019
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Past As Prologue: Arbitration as an Early Common Law Court,” 57 Houston Law Review__ (2020, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-05.
Texas Federal Court Rules Insurance Policy Requires Arbitration in England
By Beth Graham - May 10, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England.
The Agreement to Arbitrate and the ‘Applicable Law’
By Beth Graham - April 25, 2017
Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the 'Applicable Law',” American Review of International Arbitration (Forthcoming); U. of Texas Law, Public Law Research Paper No. 644.
Are Rules Allowing Arbitral Sanctions a Mirage?
By Beth Graham - July 19, 2016
Paul Bennett Marrow, Adjunct Professor at New York Law School, Member of the Commercial Panel for the American Arbitration Association, ADR Systems, Public Member of the FINRA Panel of Neutrals, and Fellow at the Chartered Institute of Arbitrators in London, England, has published “Are Rules Allowing Arbitral Sanctions a Mirage?,” 88 Journal New York State Bar Association 28, June 2016.
Parallel Justice: Creating Causes of Action for Mandatory Mediation
By Beth Graham - June 18, 2014
Hamline University School of Law Professor Marie A. Failinger has authored Parallel Justice: Creating Causes of Action for Mandatory Mediation, University of Michigan Journal of Law Reform, Vol. 47, p. 359 (2014 Forthcoming).
Court-Approved Mediation Used to Assist Fungal Meningitis Victims
By Beth Graham - October 21, 2013
The crossroads between healthcare and mediation is in the news again.
You’re Stronger Than You Think by Peter Ubel
By Holly Hayes - May 18, 2012
by Holly Hayes Shared decision-making in healthcare involves providers working with patients to determine the best course of action for their disease. We wrote about a New England Journal of Medicine article on this topic here . As a follow-up, Peter Ubel’s website on Health, Well-Being, Bioethics and Behavioral Economics has a link to an article titled “10 ways to make better decisions about cancer care.” It is a simple guide t
GUEST-POST PART II | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 12, 2011
By S.I. Strong Some interesting new arguments found their way into the dissenting opinion. For example, the dissent considered how mass claims are treated under various United Nations mass claims processes, claiming that these processes are analogous to ICSID arbitrations. See Award dated October 28, 2011, ¶¶ 176-81. This is an interesting proposition that bears closer analysis, since there are likely a variety of ways that the Permanent Court of
GUEST-POST PART I | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 9, 2011
By S.I. Strong On October 28, 2011, a dissenting opinion regarding the preliminary decision on jurisdiction and admissibility was issued in the ground-breaking case of Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5 (available here ). The majority award was issued on August 4, 2011 (available here ) and was discussed on this blog here. The majority decision was remarkable in that it constituted the first time that an arb
Ninth Circuit Refuses to Compel Arbitration Because Arbitration Clause Was Not Broad Enough to Cover Dispute
By Victoria VanBuren - September 21, 2011
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 stranded vessel from a reef. The contract contained the following arbitration clause: Any dispute arising under this Agreement shall be settled by arbitration in London, England, in accordance with the English Arbitration Act 1996 and any amendments thereto, English law and pra
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