Menu
Arbitration
Testing Assumptions about Consumer Understanding of Arbitration
November 11, 2014
Arbitration critics often make assertions about the impact of arbitration clauses hidden in the fine print of employment and consumer contracts. In the short film Lost in the Fine Print, for example, Robert Reich bases much of his critique of what the movie calls “forced arbitration” on the lack of meaningful consumer understanding of—and therefore consent to—arbitration. The movie relies on anecdotal evidence of arbitration harms while assuming that arbitration agreements are neither wanted...
November 11, 2014
Arbitration critics often make assertions about the impact of arbitration clauses hidden in the fine print of employment and consumer contracts. In the short film Lost in the Fine Print, for example, Robert Reich bases much of his critique of what the movie calls “forced arbitration” on the lack of meaningful consumer understanding of—and therefore consent to—arbitration. The movie relies on anecdotal evidence of arbitration harms while assuming that arbitration agreements are neither wanted...
Houston COA Overturns Harris County Court Decision Confirming Arbitral Award Without Rendering Final Judgment
November 11, 2014
The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award...
November 11, 2014
The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award...
Don’t Sign Your Spouse’s Arbitration Agreement, And Other Lessons From Non-Signatories
November 11, 2014
In three cases in recent months, courts have found that plaintiffs who did not sign an arbitration agreement (non-signatories)...
November 11, 2014
In three cases in recent months, courts have found that plaintiffs who did not sign an arbitration agreement (non-signatories)...
The Evolution of International Commercial Dispute Resolution: From One Size Fits All to Bespoke Suit
November 10, 2014
Several years ago, I was giving a talk in Parma, Italy, on international commercial dispute resolution and the dramatic changes the field had undergone in the past century. Looking around the room, I noticed that everyone was exhibiting la bella figura (this was Italy, after all); thus, I decided to use a clothing metaphor for my musings. The “One Size Fits All” Era The first phase of the evolution I referred to as the “One Size Fits All” period. Following the end of the Great War,...
November 10, 2014
Several years ago, I was giving a talk in Parma, Italy, on international commercial dispute resolution and the dramatic changes the field had undergone in the past century. Looking around the room, I noticed that everyone was exhibiting la bella figura (this was Italy, after all); thus, I decided to use a clothing metaphor for my musings. The “One Size Fits All” Era The first phase of the evolution I referred to as the “One Size Fits All” period. Following the end of the Great War,...
Houston COA Orders Arbitration After Man Ratifies Procedurally Unconscionable Agreement
November 10, 2014
Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion...
November 10, 2014
Texas’ Fourteenth District Court of Appeals in Houston has overturned a trial court’s order denying a party’s motion...
The Promise and Perils of “Med-Arb”
November 7, 2014
When disputing parties tire of mediation (because it is too “weak”) or fear arbitration (because it is too “controlling”), they seek an Alternative Dispute Resolution solution that is “just right.” Recently, I’ve heard a number of highly talented negotiators, and one famous law school, endorse med-arb as the best of all ADR worlds. The advantages, however, come with caveats. Through mediation, parties in conflict negotiate a dispute settlement with the assistance of a neutral mediator....
November 7, 2014
When disputing parties tire of mediation (because it is too “weak”) or fear arbitration (because it is too “controlling”), they seek an Alternative Dispute Resolution solution that is “just right.” Recently, I’ve heard a number of highly talented negotiators, and one famous law school, endorse med-arb as the best of all ADR worlds. The advantages, however, come with caveats. Through mediation, parties in conflict negotiate a dispute settlement with the assistance of a neutral mediator....
Crossing the Threshold: Arbitral Jurisdiction after BG Group
November 7, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l’honneur de Pierre Mayer (2015 Forthcoming). In his paper, Professor Rau discusses the effect the United States Supreme Court’s recent decision in BG Group v. Argentina has had on arbitration. Here is the abstract: In a decision that was much anticipated and that has been much discussed, the Supreme...
November 7, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l’honneur de Pierre Mayer (2015 Forthcoming). In his paper, Professor Rau discusses the effect the United States Supreme Court’s recent decision in BG Group v. Argentina has had on arbitration. Here is the abstract: In a decision that was much anticipated and that has been much discussed, the Supreme...
A Fair Fight: Professional Guidelines in International Arbitration
November 7, 2014
Professor William W. Park, R. Gordon Butler Scholar in International Law at the Boston University School of Law has published a thoughtful article entitled, A Fair Fight: Professional Guidelines in International Arbitration, Forthcoming, 30 Arbitration International 409 (2014); Boston Univ. School of Law, Public Law Research Paper No. 14-53. In his article, Professor Park examines the recently adopted arbitral guidelines and rules created by the International Bar Association and the London Court...
November 7, 2014
Professor William W. Park, R. Gordon Butler Scholar in International Law at the Boston University School of Law has published a thoughtful article entitled, A Fair Fight: Professional Guidelines in International Arbitration, Forthcoming, 30 Arbitration International 409 (2014); Boston Univ. School of Law, Public Law Research Paper No. 14-53. In his article, Professor Park examines the recently adopted arbitral guidelines and rules created by the International Bar Association and the London Court...
Reimagining Arbitration
November 6, 2014
The rapid growth of commercial arbitration has not been without drawbacks. As counsel have become more sophisticated in dispute process design, arbitrations now often incorporate many elements of a court trial. Litigation constructs such as detailed pleadings, broad-based discovery, provisional relief, dispositive motions and formal rules of evidence are often now a part of arbitration. The inevitable consequence of these changes has been increased expense and delay. To preserve the benefits...
November 6, 2014
The rapid growth of commercial arbitration has not been without drawbacks. As counsel have become more sophisticated in dispute process design, arbitrations now often incorporate many elements of a court trial. Litigation constructs such as detailed pleadings, broad-based discovery, provisional relief, dispositive motions and formal rules of evidence are often now a part of arbitration. The inevitable consequence of these changes has been increased expense and delay. To preserve the benefits...
Dallas COA Affirms Arbitral Award Despite Evident Partiality Claims
November 6, 2014
The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners. In Meritage Homes of Texas, L.L.C. v. Ruan, No. 05-13-00831-CV (Tex. App. – Dallas, September 16, 2014) a group of individuals who bought newly built homes from Meritage allegedly learned that their houses were smaller than the square footage that was represented to them prior to purchase. As a result, the homeowners...
November 6, 2014
The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners. In Meritage Homes of Texas, L.L.C. v. Ruan, No. 05-13-00831-CV (Tex. App. – Dallas, September 16, 2014) a group of individuals who bought newly built homes from Meritage allegedly learned that their houses were smaller than the square footage that was represented to them prior to purchase. As a result, the homeowners...
