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Arbitration
N.D. of Texas Compels Arbitration and Urges Mediation in Infectious Disease Doctors’ Insurance Dispute
October 30, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”) for services rendered to patients in Texas...
October 30, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”) for services rendered to patients in Texas...
Strong on Arbitration and Other Topics
October 29, 2014
Over the past year Stacie Strong (Missouri) has been publishing a tremendous number of pieces in the area of arbitration, among other things. See here for some of these pieces. Now that I’m teaching Conflicts of Law, I found “Recognition and Enforcement of Foreign Judgments in U.S. Courts: Problems and Possibilities” particularly compelling. Here is the abstract: One of the core consequences of globalization has been the rapid increase in transnational litigation and the associated need to enforce...
October 29, 2014
Over the past year Stacie Strong (Missouri) has been publishing a tremendous number of pieces in the area of arbitration, among other things. See here for some of these pieces. Now that I’m teaching Conflicts of Law, I found “Recognition and Enforcement of Foreign Judgments in U.S. Courts: Problems and Possibilities” particularly compelling. Here is the abstract: One of the core consequences of globalization has been the rapid increase in transnational litigation and the associated need to enforce...
Five Tips for State Courts Considering Whether to Vacate Arbitration Awards
October 29, 2014
For example, the subset of guidelines for state courts considering whether to vacate an award could include these five pearls of wisdom: Consider whether the Federal Arbitration Act applies to the dispute (ask the parties to brief that issue if they did not already). Do not rely on any cases before 2000. The law in this area has been evolving rapidly. [This could have changed the outcome of both Black Hills and Cedar Fair.] Do not use standards or language from labor law cases when considering...
October 29, 2014
For example, the subset of guidelines for state courts considering whether to vacate an award could include these five pearls of wisdom: Consider whether the Federal Arbitration Act applies to the dispute (ask the parties to brief that issue if they did not already). Do not rely on any cases before 2000. The law in this area has been evolving rapidly. [This could have changed the outcome of both Black Hills and Cedar Fair.] Do not use standards or language from labor law cases when considering...
EnergyBuzz: Arbitration for Energy Disputes
October 29, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.” At the same time, many arbitral forums such as the American Arbitration Association have recently revised their rules in an effort...
October 29, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.” At the same time, many arbitral forums such as the American Arbitration Association have recently revised their rules in an effort...
ConocoPhillips Seeks ICC Arbitration Against Venezuelan State Oil Company
October 28, 2014
ConocoPhillips has reportedly filed for arbitration against the Venezuela state oil company, Petroleos de Venezuela (“PDVSA”). According to ConocoPhillips’ request to the International Chamber of Commerce (“ICC”), PDVSA failed to pay the company the contractual compensation owed to it over the Petrozuata and Hamaca heavy crude oil projects. Although ConocoPhillips agreed to develop the areas under an investment treaty that was signed in the 1990s, Venezuela later seized and nationalized...
October 28, 2014
ConocoPhillips has reportedly filed for arbitration against the Venezuela state oil company, Petroleos de Venezuela (“PDVSA”). According to ConocoPhillips’ request to the International Chamber of Commerce (“ICC”), PDVSA failed to pay the company the contractual compensation owed to it over the Petrozuata and Hamaca heavy crude oil projects. Although ConocoPhillips agreed to develop the areas under an investment treaty that was signed in the 1990s, Venezuela later seized and nationalized...
Pre-Award Removal of an Arbitrator
October 27, 2014
Court’s Authority to Remove an Arbitrator Courts have very limited authority to intervene in arbitral matters prior to a final arbitration award. Essentially they may determine the validity and scope (arbitrability of particular issues) of an arbitration agreement and enforce it. See Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002). Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. § 4, provides an expedited procedure to accomplish these duties. It is unusual...
October 27, 2014
Court’s Authority to Remove an Arbitrator Courts have very limited authority to intervene in arbitral matters prior to a final arbitration award. Essentially they may determine the validity and scope (arbitrability of particular issues) of an arbitration agreement and enforce it. See Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002). Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. § 4, provides an expedited procedure to accomplish these duties. It is unusual...
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
October 27, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”). The issue presented in the case is: The Federal Arbitration Act preempts state laws which restrict arbitration agreements. The McCarran-Ferguson...
October 27, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”). The issue presented in the case is: The Federal Arbitration Act preempts state laws which restrict arbitration agreements. The McCarran-Ferguson...
Goodbye Patent Arbitration?
October 23, 2014
Patent dispute resolution has been trending into arbitration, while arbitration has been looking like litigation. But now patent reviews through the U.S. Patent and Trademark Office (PTO) offer the fast, cheap proceedings that arbitration is supposed to provide—and they just may kill the old way of arbitrating those disputes. According to the American Arbitration Association, in its rules for patent disputes, “a growing number of intellectual property disputes are arbitrated [by the AAA] each...
October 23, 2014
Patent dispute resolution has been trending into arbitration, while arbitration has been looking like litigation. But now patent reviews through the U.S. Patent and Trademark Office (PTO) offer the fast, cheap proceedings that arbitration is supposed to provide—and they just may kill the old way of arbitrating those disputes. According to the American Arbitration Association, in its rules for patent disputes, “a growing number of intellectual property disputes are arbitrated [by the AAA] each...
In Arbitration, Judge Thyself, Not the Process
October 23, 2014
“Control your own destiny, or someone else will.” Jack Welch’s eight simple words of advice provide a compelling rationale...
October 23, 2014
“Control your own destiny, or someone else will.” Jack Welch’s eight simple words of advice provide a compelling rationale...
AAA Unveils Enhanced International Arbitration Rules
October 22, 2014
The International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA) recently issued revisions to its International Dispute Resolution Procedures (Including Mediation and Arbitration Rules), effective June 1, 2014. This is the first time the AAA’s international rules have been substantially refreshed since 1996. Significant changes effected by the revisions include the following: International expedited procedures (Articles 1(4) and E-1 to E-10): These new procedures...
October 22, 2014
The International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA) recently issued revisions to its International Dispute Resolution Procedures (Including Mediation and Arbitration Rules), effective June 1, 2014. This is the first time the AAA’s international rules have been substantially refreshed since 1996. Significant changes effected by the revisions include the following: International expedited procedures (Articles 1(4) and E-1 to E-10): These new procedures...
