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All articles tagged '"judicial review"'
36 articles found
Changes to Texas HB 2605
By Victoria VanBuren - October 18, 2012
by Holly Hayes The following changes to HB 2605 impacting the resolution of medical fee disputes within the Texas Department of Insurance, Division of Workers’ Compensation were adopted on May 11, 2012, and become effective May 31, 2012. HB 2605 made several legislative amendments that impact the resolution of medical fee dispute cases adjudicated by the Division. This bill enacted Labor Code §413.0312, which alters the appeals process appl
Recent Developments in International Arbitration | August 2012
By Victoria VanBuren - August 23, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Turkey: Enforcement of foreign arbitral awards subject to progressive court fees Malaysia: Court rules on recognition of foreign arbitral awards Switzerland: No two-tier judicial review of constitution of arbitral tribunal USA: Can franchise agreement protect against
Armstrong v. Tygart | Fairness of Arbitration Procedure
By Victoria VanBuren - August 8, 2012
by Renée Kolar This coming Friday, August 10th 2012, the U.S. District Court for the Western District of Texas, Austin Division, will have to decide whether or not it should enjoin Defendants from enforcing an arbitration deadline against Lance Armstrong while the lawsuit progresses. In anticipation of the hearing, this week we will be summarizing Armstrong’s complaints and Tygart and USADA’s responses in their motion for summary judgment. Backgr
Fifth Circuit Rules on Jurisdiction Under the Railway Labor Act
By Victoria VanBuren - March 1, 2012
The United States Court of Appeals for the Fifth Circuit held that an employee pension plan falls within the scope of the Railway Labor Act (“RLA”) and is subject to its mandatory arbitration procedures. In Ballew v. Cont’l Airlines, Inc., No. 11-20279, (5th Cir. Jan. 31, 2012) plaintiffs are former Continental Airlines pilots (“Retirees”) who filed a class action against Continental Airlines under ERISA § 502(a)(1)(
2011 Arbitration Case Law | Texas Supreme Court
By Victoria VanBuren - December 22, 2011
Continuing our 2011 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. On February 27, 2011, the Texas Supreme Court denied cert to a case where agreement required arbitrator to be Saudi National or Muslim Foreigner. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a computer syst
U.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
By Victoria VanBuren - October 24, 2011
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”) did not preempt enforcement of an agreement for expanded judicial review of an arbitration award enforceable under the Texas Arbitration Act (“TAA”). Such enforcement was consistent with the FAA’s purpose of ensuring that
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
Call for Papers: AALS Section on Alternative Dispute Resolution | Deadline: September 1, 2011
By Victoria VanBuren - August 9, 2011
The announcement below is a call for papers for a panel discussion hosted by the Association of American Law Schools (“AALS”): In connection with the 2012 Annual Meeting of the Association of American Law Schools in Washington, D.C., the AALS Section on Alternative Dispute Resolution will be sponsoring a panel discussion on “The Supreme Court and the Future of Arbitration.” Over the past twenty five years, the range of disputes subjec
Texas Supreme Court Declines to Follow Hall Street in Arbitration Case: Nafta Traders, Inc. v. Quinn
By Victoria VanBuren - May 13, 2011
The Supreme Court of Texas has held that the Texas General Arbitration Act (TAA) allows judicial review of arbitral awards by agreement beyond what the Federal Arbitration Act (FAA) allows. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Lehrmann joined. Chief Justice Jefferson, joined by Justice Wai
Nevada Revises Foreclosure Mediation Program
By Beth Graham - February 22, 2011
The Nevada Supreme Court has revised the state’s Foreclosure Mediation Program (FMP) which commenced on July 1, 2009 in an effort to address Nevada’s high home foreclosure rate. The rules were updated following a written comment period and public hearing held last December. According to the Supreme Court of Nevada, the revised rules will: Expand the time to file a petition for judicial review from 15 to 30 days after a party receives a mediator’s
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