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2011 Arbitration Case Law | U.S. Supreme Court
By Victoria VanBuren - December 20, 2011
Welcome to Disputing‘s 2011 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On April 27, 2011, in a 5-4 decision, the United States Supreme Court ruled that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Read James Gaitis guest-posts about the case here and here. On May 17, 2011,
KPMG LLP v Cocchi | U.S. Supreme Court Holds that a Court May Not Deny Arbitration When Some of the Claims Are Nonarbitrable
By Victoria VanBuren - November 14, 2011
Last week, the U.S. Supreme Court held that courts must enforce arbitration agreements even if the plaintiff’s Complaint contains nonarbitrable claims. In KPMG LLP v. Cocchi, 565 U.S. ___ ( 2011) the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration in a lawsuit involving claims brought against the auditing firm KPMG LLP (“KPMG”) by investors owners of a limited pa
U.S. Supreme Court Rules on KPMG LLP v. Cocchi
By Victoria VanBuren - November 7, 2011
Today, the U.S. Supreme Court issued its opinion on KPMG, LLP v. Cocchi et al., 565 U. S. ____ (2011). Background and holding are as follows: In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration of respondents’ claims after determining that two of the four claims in a complaint were nonarbitrable.Though the matter is not altogether free from doubt, a fair reading of the opin
Texas Arbitration and Mediation Legislative Update | July 28, 2011
By Victoria VanBuren - July 28, 2011
In addition to the bills discussed in our last post, the 82nd Texas legislature also passed H.B. No. 1951, relating to the continuation and operation of the Texas Department of Insurance; Bill Status; Analysis. Part of the bill is provided below. SECTION 1.003. Subchapter B, Chapter 36, Insurance Code, is amended by adding Section 36.110 to read as follows: Sec. 36.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The comm
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
Fulbright & Jaworski Publish 2011 International Arbitration Report
By Beth Graham - April 21, 2011
Disputing would like to thank Don Philbin for alerting us to the recent publication of Fulbright & Jaworski, LLP’s 2011 International Arbitration Report, Issue 1. According to the firm’s website, Issue 1 topics include: Section 1782 Update The State of Necessity Defense in Investor-State Arbitration The Compatibility of EU Law with Bilateral Investment Treaties between EU States New Arbitration Law Passed in Hong Kong A complimentary copy of
AHLA — Top Ten Health Law Issues 2011
By Holly Hayes - March 3, 2011
by Holly Hayes The February 2011 American Health Lawyers Association (AHLA) Connections magazine lists the “Top Ten Health Law Issues in a Reformed Healthcare System 2011.” Healthcare reform law passed in 2010 prompted the AHLA to change the focus of their annual “Top 10” article for 2011. Former “Top 10” issues amended by healthcare reform and some new topics that emerged by the passage of the legislation are
U.S. Supreme Court Grants Cert in Arbitration Case, Denies Another
By Beth Graham - February 25, 2011
On Tuesday, the United States Supreme Court granted certiorari in Stok & Associates PA v. Citibank NA, No. 10-514, a case on appeal from the 11th Circuit Court of Appeals. The question presented in the case is: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevo
Article | Revelation and Reaction: The Struggle to Shape American Arbitration
By Beth Graham - January 28, 2011
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape
Article | United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules
By Beth Graham - January 24, 2011
Earlier this month, Stephen P. Anway, a partner in the Cleveland, OH office of Squire, Sanders & Dempsey, LLP, authored an article which summarizes recent changes to United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The article, entitled United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules, discusses the revisions to the UNCITRAL Arbitration Rules, adopted in 2010. As stat
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