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All articles tagged '"Supreme Court"'
379 articles found
2011 Mediation Case Law
By Victoria VanBuren - January 4, 2012
In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett
Top 10 Most-Viewed Disputing Blog Posts of 2011
By Victoria VanBuren - January 2, 2012
Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2011: GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law (Feb. 25) GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May 2) AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision (May 5) GUEST-POST | Stolt-Nielsen Opens More Doors Than It Close
2011 Developments in International Arbitration
By Victoria VanBuren - December 27, 2011
Today, Disputing continues its 2011 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2011 by the International Law Office (free registration is required to view the articles): Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Cou
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
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,
TI Pneumotive Files Petition on Arbitration Waiver
By Victoria VanBuren - December 14, 2011
In November, TI Pneumotive, Inc., filed a petition for certiorari in the case TI Pneumotive, Inc. a/k/a Thomas Industries v. Ecological Tanks, 2011-1159 (La. 9/2/11), 68 So.3d 519, 2011. The questions presented are: Whether the Louisiana Supreme Court and lower courts have erred in interpreting Howsam v. Dean Witter Reynolds, Inc ., 536 U.S. 985 (U.S. 2002) to find that it is the province of the arbitrator to decide whether a party has waived its
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
U.S. Supreme Court Remands Class Arbitration Waiver Case
By Victoria VanBuren - November 23, 2011
On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S. ___ (2011). In Gordon v. Branch Banking & Trust, 419 Fed. Appx. 920 (11th Cir. Fla. 2011) the Eleventh Circuit had ruled that an arbitration provision in a consumer checking account agreement was unenforceable because the arbitration provisionR
Seventh Circuit Rules that ‘Manifest Disregard of the Law’ Is Not Independent Basis for Vacating Arbitral Awards
By Victoria VanBuren - November 18, 2011
The Seventh Circuit held that “manifest disregard of the law” is not an independent ground for vacatur in a patent case under the Federal Arbitration Act (“FAA”). See Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. , No. 11-2070 (7th Cir. Oct. 3, 2011). Citing Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), the court stated that the grounds to vacate arbitral awards listed in the FAA are &#
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