Menu
Arbitration
Southern District of Texas: Arbitration Clause Does Not Allow Party to Seek Equitable Remedies in Court
December 8, 2014
In DXP Enterprises, Inc. v. Goulds Pumps, Inc., filed in the United States District Court, Southern District of Texas, Houston...
December 8, 2014
In DXP Enterprises, Inc. v. Goulds Pumps, Inc., filed in the United States District Court, Southern District of Texas, Houston...
Industry Response to Consumer Arbitration Study
December 8, 2014
Alan Kaplinsky and Mark Levin, Ballard Spahr attorneys writing on their CFPB Monitor blog, have offered their initial thoughts on the study of consumer understanding of arbitration agreements that my St. John’s colleagues and I recently posted. My colleague Jeff Sovern has posted a full response at the Consumer Law & Policy Blog. I’ll just add that, in my view, Levin and Kaplinsky don’t actually address the core problem we address in our article–that citizens are being unwittingly and unwillingly...
December 8, 2014
Alan Kaplinsky and Mark Levin, Ballard Spahr attorneys writing on their CFPB Monitor blog, have offered their initial thoughts on the study of consumer understanding of arbitration agreements that my St. John’s colleagues and I recently posted. My colleague Jeff Sovern has posted a full response at the Consumer Law & Policy Blog. I’ll just add that, in my view, Levin and Kaplinsky don’t actually address the core problem we address in our article–that citizens are being unwittingly and unwillingly...
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
November 20, 2014
A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation...
November 20, 2014
A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation...
Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators
November 19, 2014
Today, arbitration is a key alternative to the litigation of business disputes within the United States and other countries and is the primary method of adjudicating international commercial disputes. Growing numbers are seeking to promote themselves as advocates specializing in arbitration or as “professional” arbitrators. In light of these developments, it is surprising that there has never been a wide-ranging, thoroughgoing empirical survey of practices and perspectives among experienced commercial...
November 19, 2014
Today, arbitration is a key alternative to the litigation of business disputes within the United States and other countries and is the primary method of adjudicating international commercial disputes. Growing numbers are seeking to promote themselves as advocates specializing in arbitration or as “professional” arbitrators. In light of these developments, it is surprising that there has never been a wide-ranging, thoroughgoing empirical survey of practices and perspectives among experienced commercial...
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
November 18, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service...
November 18, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service...
Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals
November 18, 2014
Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration providers. At the invitation of the College of Commercial Arbitrators, Professor Stipanowich prepared this assessment of the current "state" of commercial arbitration as experienced and perceived in the United States...
November 18, 2014
Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration providers. At the invitation of the College of Commercial Arbitrators, Professor Stipanowich prepared this assessment of the current "state" of commercial arbitration as experienced and perceived in the United States...
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
November 17, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a number of environmental compliance costs...
November 17, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a number of environmental compliance costs...
Consumer Financing Pre-Dispute Mandatory Arbitration: CFPB Developments
November 14, 2014
Louis Del Duca, Edward N. Polisher Distinguished Faculty Scholar Emeritus and Director, Institute of Commercial Law at the Penn State Dickinson School of Law, has published Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments, Uniform Commercial Code Law Journal, Vol. 46, p. 71, 2014. In his article, Professor Del Duca discusses some of the possible implications raised by the Consumer Financial Protection Bureau’s recent findings on the use of mandatory...
November 14, 2014
Louis Del Duca, Edward N. Polisher Distinguished Faculty Scholar Emeritus and Director, Institute of Commercial Law at the Penn State Dickinson School of Law, has published Consumer Financing Pre-Dispute Mandatory Arbitration: Consumer Financial Protection Bureau (CFPB) Developments, Uniform Commercial Code Law Journal, Vol. 46, p. 71, 2014. In his article, Professor Del Duca discusses some of the possible implications raised by the Consumer Financial Protection Bureau’s recent findings on the use of mandatory...
Eight Tips on How to Impress Your Arbitrator
November 13, 2014
While the most successful way to impress your arbitrator is with the merits of your case, there are smaller, but important, ways to create a favorable impression of yourself and your client’s case. Below is one arbitrator’s guide to creating an arbitral environment favorable to you and your client. These tips are presented with the important caveat that they represent only one person’s list, based on 30 years of judging and arbitration. Do not email your adversary with negative, insulting...
November 13, 2014
While the most successful way to impress your arbitrator is with the merits of your case, there are smaller, but important, ways to create a favorable impression of yourself and your client’s case. Below is one arbitrator’s guide to creating an arbitral environment favorable to you and your client. These tips are presented with the important caveat that they represent only one person’s list, based on 30 years of judging and arbitration. Do not email your adversary with negative, insulting...
Fifth Circuit Holds Court Must Decide Issue of Arbitrability in Labor Contract Dispute
November 12, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute. In Houston Refining, L.P. v. United Steel, Paper and Forestry, Rubber, Mfg., No. 13-20384 (August 25, 2014), a company, Houston Refining, filed for bankruptcy. Not long after, the company stopped matching its workers’ contributions to their personal 401(k) retirement accounts. Houston Refining then entered into...
November 12, 2014
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute. In Houston Refining, L.P. v. United Steel, Paper and Forestry, Rubber, Mfg., No. 13-20384 (August 25, 2014), a company, Houston Refining, filed for bankruptcy. Not long after, the company stopped matching its workers’ contributions to their personal 401(k) retirement accounts. Houston Refining then entered into...
