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Which Arbitration Agreement Clauses Will Texas Courts Find Unconscionable?
February 27, 2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T Mobility, LLC v. Concepion (2011), upholding the use of arbitration agreements. Texas courts have also issued decisions, such as In re Halliburton Co. (2002), upholding the use of such agreements. While...
February 27, 2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T Mobility, LLC v. Concepion (2011), upholding the use of arbitration agreements. Texas courts have also issued decisions, such as In re Halliburton Co. (2002), upholding the use of such agreements. While...
The Mediator Confronts Fear
February 26, 2014
A recent telephone conversation, with a woman who called to discuss divorce mediation despite her basic fears, prompts this...
February 26, 2014
A recent telephone conversation, with a woman who called to discuss divorce mediation despite her basic fears, prompts this...
Can Neuroscience Really Help Us Understand the Nuclear Negotiations With Iran?
February 26, 2014
A few days ago, Iran began multilateral talks in Vienna in search of a compromise about its nuclear ambitions. I’m no expert on international politics, but I’m sure that these vital negotiations will be influenced by the history of the relationships between the countries involved, the state of nuclear proliferation around the world, as well as by local political factors in Iran and its region. Psychology will also come into play in terms of the negotiation partners’ perceptions about what’s...
February 26, 2014
A few days ago, Iran began multilateral talks in Vienna in search of a compromise about its nuclear ambitions. I’m no expert on international politics, but I’m sure that these vital negotiations will be influenced by the history of the relationships between the countries involved, the state of nuclear proliferation around the world, as well as by local political factors in Iran and its region. Psychology will also come into play in terms of the negotiation partners’ perceptions about what’s...
The Neuroscience Guide to Negotiations With Iran
February 26, 2014
“Imagine being told that you cannot do what everyone else is doing,” appealed Iranian Foreign Minister Javad Zarif in a somber YouTube message defending the country’s nuclear program in November. “Would you back down? Would you relent? Or would you stand your ground?” While only 14 nations, including Iran, enrich uranium (e.g. “what everyone else is doing”), Zarif’s message raises a question at the heart of ongoing talks to implement a final nuclear settlement with Tehran:...
February 26, 2014
“Imagine being told that you cannot do what everyone else is doing,” appealed Iranian Foreign Minister Javad Zarif in a somber YouTube message defending the country’s nuclear program in November. “Would you back down? Would you relent? Or would you stand your ground?” While only 14 nations, including Iran, enrich uranium (e.g. “what everyone else is doing”), Zarif’s message raises a question at the heart of ongoing talks to implement a final nuclear settlement with Tehran:...
Jury Trials in Patent Cases
February 26, 2014
In his recent work-in-progress article, Professor Mark Lemley focuses on the question of whether the Seventh Amendment protects...
February 26, 2014
In his recent work-in-progress article, Professor Mark Lemley focuses on the question of whether the Seventh Amendment protects...
Ontario Court Imposes Costs for Sham Mediation
February 26, 2014
An Ontario, Canada, court ordered defendant to pay C$60,000 in costs for “sham” mediation after a C$248,000 verdict was rendered against it. Defendant’s counsel had agreed to briefly mediate but wrote that defendant was “not interested in settling” and then stood firm on its modest offer in the mediation. The court did not rely on any other details from or about the mediation, but noted in imposing costs that a C$50,000 gap between the offer and demand required a six-day trial. Ross...
February 26, 2014
An Ontario, Canada, court ordered defendant to pay C$60,000 in costs for “sham” mediation after a C$248,000 verdict was rendered against it. Defendant’s counsel had agreed to briefly mediate but wrote that defendant was “not interested in settling” and then stood firm on its modest offer in the mediation. The court did not rely on any other details from or about the mediation, but noted in imposing costs that a C$50,000 gap between the offer and demand required a six-day trial. Ross...
Florida Federal Court Rejects Arbitration Waiver Claims In Multijurisdictional Dispute
February 26, 2014
On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in international disputes, even when parallel litigation is pending in other jurisdictions. In December 2010, several entities affiliated with JSC Acron, a Moscow-based agrichemicals company, filed suit in Saskatchewan, Canada, to recover for certain breaches of fiduciary duty relating...
February 26, 2014
On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in international disputes, even when parallel litigation is pending in other jurisdictions. In December 2010, several entities affiliated with JSC Acron, a Moscow-based agrichemicals company, filed suit in Saskatchewan, Canada, to recover for certain breaches of fiduciary duty relating...
Court Clarifies ‘Stowers’ in Multiple Defendant Cases
February 25, 2014
The Fifth Circuit's decision in Pride Transportation v. Continental Casualty Co. clarifies the application of the Stowers doctrine to multiple defendant/multiple insured scenarios.
February 25, 2014
The Fifth Circuit's decision in Pride Transportation v. Continental Casualty Co. clarifies the application of the Stowers doctrine to multiple defendant/multiple insured scenarios.
Deal Mediation
February 25, 2014
The Harder you fight to hold on to specific assumptions, the more likely there is gold in letting go of them. John Seely Brown, Former Chief Scientist of Xerox Corporation Most of us assume that mediation is about dispute resolution. We are so locked into the idea that mediators help parties resolve their conflicts that we cannot see the real prize – which is to help parties make better deals! We are so entrenched in this conviction that, when you train to become a mediator,...
February 25, 2014
The Harder you fight to hold on to specific assumptions, the more likely there is gold in letting go of them. John Seely Brown, Former Chief Scientist of Xerox Corporation Most of us assume that mediation is about dispute resolution. We are so locked into the idea that mediators help parties resolve their conflicts that we cannot see the real prize – which is to help parties make better deals! We are so entrenched in this conviction that, when you train to become a mediator,...
CPR Awards: Paul Lurie, Nancy Rogers, Jim Stark, Doug Frenkel and More
February 25, 2014
The International Institute for Conflict Prevention & Resolution (CPR), an independent nonprofit comprising global corporations,...
February 25, 2014
The International Institute for Conflict Prevention & Resolution (CPR), an independent nonprofit comprising global corporations,...
