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All articles tagged '"Supreme Court"'
379 articles found
SCOTUSblog: Symposium on Arbitration
By Victoria VanBuren - September 27, 2011
We invite you to check out SCOTUSblog Symposium on Arbitration. The blog has featured the following guest-posts: AT&T Mobility and the end of consumer class action through Commerce Clause jurisprudence: Not so fast, Terry Moritz A second, more circumstantial separability doctrine, Thomas Carbonneau Is the Supreme Court demanding enough as it provides incentives for the private funding of a federal small claims court?, Nancy Welsh The third ar
Recent Developments in International Arbitration | Sept. 2011
By Victoria VanBuren - September 13, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: Germany: Court rules on New York Convention’s more-favourable right provision India: Supreme Court rules on dragging non-parties to arbitration Kenya: Arbitration: advantages, drawbacks and processes Spain: Arbitration Law is amended: compulsory insurance policy introduced Switzerland: Supreme Court confirms bench
Article | The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration
By Victoria VanBuren - September 7, 2011
We invite you to check out Professor Thomas J. Stipanowich latest article, “The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration,” American Review of International Arbitration (forthcoming). Here is the abstract: For the third time in the modern era, a triad of key Supreme Court decisions represents a milestone in American arbitration. In this highly controversial “Third Arbitration Trilog
GUEST-POST PART III: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 31, 2011
By S.I. Strong Ultimately, concerns about individual litigation rights did not turn out to be a problem for several reasons. First, the scope of the consent given in the TFA offset any objections from claimants. Second, the homogenous nature of the claims offset any objections from the respondent. Indeed, the tribunal noted that forcing Argentina “to face 60,000 proceedings would be a much bigger challenge to Argentina’s effective defense rights
ABA Article: Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?
By Victoria VanBuren - August 26, 2011
The ABA Section of Litigation published recently Does a Federal Arbitration Privilege Apply in Arbitration Proceedings? The article, written by P.Jean Baker, discusses the federal mediation privilege as well as the federal arbitration privilege. Here is an excerpt: The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings. This article will discuss this recent development, the
Wall Street Journal: Banks Steer Customers to Arbitration and Away From Court After Concepcion
By Victoria VanBuren - August 25, 2011
The Wall Street Journal (WSJ) reports that some banks are embracing mandatory arbitration in consumer contracts on the wake of AT&T v. Concepcion. The WSJ says that now nearly three-quarters of 265 accounts offered by the 10 largest U.S. banks included mandatory arbitration provisions. Read the story here. Related Posts: ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration, Disputing,
Disputing’s 6-Year Anniversary | Aug. 24, 2011
By Victoria VanBuren - August 24, 2011
We are happy to share with you that our blog Disputing turns six today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Four Law Review Articles have cited Disputing (here, here, here , and here). Disputing was mentioned by the Wall Street Journal for covering consumer arbitration clauses and the “Arbitration F
Jamie Leigh Jones v. Halliburton/KBR | Halliburton/KBR Sues Jones to Recover Attorneys’ Fees and Costs
By Victoria VanBuren - August 22, 2011
On August 17, 2011 the defendants in Jones v. Halliburton et al. filed two motions seeking to recover from Jamie Leigh Jones: (1) an undisclosed amount for attorneys’ fees [update: $2 million] and (2) the costs of the lawsuit [update: $140 K] brought by Jones. Jones had sued the defendants for negligence, negligent undertaking, sexual harassment and hostile environment under Title VII of the Civil rights Act of 1964, breach of contract, fra
ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration
By Victoria VanBuren - August 18, 2011
ABA Journal reports that AT&T filed last week eight lawsuits in federal courts seeking to block customer arbitrations that could prevent a potential merger with T-Mobile. Related Posts: AT&T Sues Customers Who Seek to Block T-Mobile Deal, Reuters (Aug. 17) AT&T Goes After Customers Over T-Mobile Merger Lawsuit, PC Magazine (Aug. 15) LawFirm Says 1,000 Customer Arbitration Cases Files Seeking to Stop AT&T T-Mobile Deal, All Things
Report: Advancing Alternative Dispute Resolution in the New Mexico Judiciary
By Victoria VanBuren - August 10, 2011
The National Center for State Courts released recently Advancing Dispute Resolution in the New Mexico Judiciary. The report addresses 10 recommendations for New Mexico’s ADR program: Create and Permanently Staff a Supreme Court ADR Commission Leverage Court Programs through Collaboration with Other NM Organizations Maximize Internal Court System Resources to Enhance ADR Programs Structure New and Expanded ADR Initiatives in Phases and Pilot
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