Karl Bayer's Disputing Blog

Texas Court of Appeals Reversed Vacatur of $125 Million Arbitration Award

By Victoria VanBuren - September 17, 2012

by Jeremy Clare The Court of Appeals for the Fifth District of Texas at Dallas reversed the district court’s vacatur of a $125 million arbitration award and confirmed the award because the appellee failed to raise its complaint during the arbitration process. Background In Ponderosa Pine Energy, LLC, v. Tenaska Energy, Inc., et al, No. 05-10-00516-CV (Tex.App.—Dallas August 20, 2012), an arbitration panel awarded Ponderosa Pine Energy, LLC (“Pond

USADA Case against Lance Armstrong | Remaining Procedural Steps

By Victoria VanBuren - August 29, 2012

by Jeremy Clare Even though Lance Armstrong decided on August 23rd not to proceed to arbitration with the United States Anti-Doping Agency (“USADA”), the process for sanctioning Mr. Armstrong has not been completed. There are remaining procedural steps that must occur before the sanctions are finalized. Under Article 8.3 of the World Anti-Doping Code (the “Code”), USADA is obligated to send Mr. Armstrong, the International

GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion

By Victoria VanBuren - May 26, 2011

By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.

Foreclosure Mediation Legislation Referred to Senate Judiciary Committee

By Beth Graham - February 10, 2011

Sen. Sheldon Whitehouse (D – Rhode Island) has introduced legislation that would provide bankruptcy court judges with the option to require homeowners undergoing bankruptcy and their lenders to engage in foreclosure mediation. According to DS News magazine, Whitehouse’s proposal is modeled after a court program in his home state of Rhode Island. He says it would not give judges the power to slash mortgage debt like the many bankruptcy cramd