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All articles tagged '"Supreme Court"'
379 articles found
GUEST-POST | Cross-border Agreements into India: The Arbitration Clause
By Victoria VanBuren - July 27, 2012
by Rustam Dubash and Saionton Basu Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding
Scorecard for Patient Protection and Affordable Care Act (PPACA)
By Holly Hayes - July 6, 2012
by Holly Hayes The Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The blog Disruptive Women in Healthcare has developed a scorecard that summarizes the views and votes. Their website also has a timeline of the PPACA and a recap of the oral arguments. Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. fr
Texas Supreme Court Grants Petition for Review in Trust Arbitration Case
By Victoria VanBuren - June 25, 2012
On June 8, 2012, the Texas Supreme Court granted petition for review to Rachal v. Reitz, 347 S.W.3d 305 (Tex.App.—Dallas 2011, pet. granted). The issue is whether a provision stating the settlor’s intent that disputes involving the trust be resolved by arbitration is enforceable under the Texas Arbitration Act . The appellate court had declined to compel arbitration on the grounds that a valid agreement to arbitrate did not exist. Here are
Second Circuit Denies Rehearing to American Express Merchants’ Litigation
By Victoria VanBuren - June 12, 2012
On May 29, 2012, the Second Circuit denied rehearing to Nat’l Supermarkets Ass’n v. Am. Express Travel Servs. Co. (In re Am. Express Merchants’ Litig.), No. 06-1871 cv (2d Cir. May 29, 2012). The underlying case (“Amex III“) had concluded that AT&T Mobility LLC v. Concepcion , 131 S.Ct. 1740 (2011) addresses state contract rights and does not apply to Amex III since Amex III deals with federal statutory rights. (
Article | An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements
By Victoria VanBuren - June 5, 2012
We came across an interesting article entitled “An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements,” by Michael L. Rustad, Richard Buckingham, Diane D’Angelo, and Katherine Durlacher, forthcoming at the University of Arkansas at Little Rock Law Review. Here is the abstract: With predispute mandatory arbitration clauses, a large and growing number of social networking sites
Recent Developments in International Arbitration | May, 2012
By Victoria VanBuren - May 30, 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): Ecuador:Court prevents a disrupting strategy to derail arbitration Lebanon: When does an arbitration agreement extend to third parties? Malaysia: Court clarifies timeframe for setting aside award Switzerland: Supreme Court rules on Private International Law Act Sweden
Texas Supreme Court Rules on Appellate Court Jurisdiction Over Order Confirming Arbitration Award in Part and Vacating the Award in Part
By Victoria VanBuren - May 14, 2012
In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the issue is whether an appellate court has jurisdiction over an appeal from a trial court order confirming an arbitration award in part and vacating the award in part based on the existence of unresolved questions of law or fact necessary to a ruling, yet the trial court did not expressly direct a rehearing. The Texas Supreme Court concluded that
Recent Developments in International Arbitration | March, 2012
By Victoria VanBuren - March 22, 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): Malaysia: Court rules on enforcement of foreign arbitral award USA: Supreme Court reaffirms pro-arbitration stance India: Amendment of grounds in application for challenging arbitral awards Switzerland: Supreme Court saves pathological arbitration clause Turkey: Chamb
Rhode Island Supreme Court Okays Unauthorized Practice of Law by Non-lawyer in a Labor Arbitration
By Victoria VanBuren - March 21, 2012
The Rhode Island Supreme Court held that a non-lawyer union representative could represent a grievant in a public labor arbitration. In Re Town of Little Compton, R.I. Supreme Court No. 2011–101-Appeal decided February 9, 2012. The court summarized the facts as follow: On July 8, 2010, the Unauthorized Practice of Law Committee (committee) conducted an investigational hearing in connection with a complaint filed with it by the Town of Little Comp
Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement
By Victoria VanBuren - March 19, 2012
In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en
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