Karl Bayer's Disputing Blog

International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?

By Beth Graham - July 13, 2020

S.I. Strong, Associate Professor at the University of Sydney Law School, has published “International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?,” AJIL Unbound (Forthcoming 2021); Sydney Law School Research Paper No. 20/37.

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

By Beth Graham - July 30, 2019

The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States.

FTC Files First Case Challenging Fake Incentivized Product Reviews

By Nate Legum - May 2, 2019

The Federal Trade Commission (FTC) has successfully brought its first case challenging fake paid product reviews, a banned practice called incentivized reviews, on an independent retail website.

SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement

By Beth Graham - April 25, 2019

Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.

Expanding Access to Remedies Through E-Court Initiatives

By Beth Graham - April 25, 2019

Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has published a timely article titled “Expanding Access to Remedies Through E-Court Initiatives,” 67 Buffalo Law Review 89 (2019); University of Missouri School of Law Legal Studies Research Paper No. 2019-07.

Past As Prologue: Arbitration as an Early Common Law Court

By Beth Graham - March 28, 2019

S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Past As Prologue: Arbitration as an Early Common Law Court,” 57 Houston Law Review__ (2020, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-05.

Pew Charitable Trusts Calls for Standardization of US Court ODR Programs

By Beth Graham - March 8, 2019

The Pew Charitable Trusts (“Pew”) has reportedly issued a call for the establishment of a national body to standardize online dispute resolution (“ODR”) procedures in civil courts across the United States.

Using Arbitration Agreements to Waive the Right to Petition for Inter Partes Review

By Kyle Bailey - March 6, 2019

Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”) has been a popular legal option for challenging patent validity.