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Arbitration
Arbitration Panel to Reconsider Binding Agreement Between Armstrong and SCA Promotions
November 27, 2013
In an interesting twist, a three-member arbitration panel will reportedly consider an appeal related to a 2005 arbitration agreement between Lance Armstrong and Dallas-based SCA Promotions, Inc. Despite that the dispute between the athlete and the Texas insurer was settled in a binding agreement eight years ago, the arbitrators stated the panel “will exercise jurisdiction to determine and make a final award resolving any disputes between or among Tailwind Sports Corp., Lance Armstrong and SCA Promotions,...
November 27, 2013
In an interesting twist, a three-member arbitration panel will reportedly consider an appeal related to a 2005 arbitration agreement between Lance Armstrong and Dallas-based SCA Promotions, Inc. Despite that the dispute between the athlete and the Texas insurer was settled in a binding agreement eight years ago, the arbitrators stated the panel “will exercise jurisdiction to determine and make a final award resolving any disputes between or among Tailwind Sports Corp., Lance Armstrong and SCA Promotions,...
Med-Arb and the Legalization of Alternative Dispute Resolution
November 26, 2013
Brian Pappas, Assistant Clinical Professor of Law and Associate Director of Alternative Dispute Resolutionat Michigan State University College of Law, has authored Med-Arb and the Legalization of Alternative Dispute Resolution, Volume 20, Harvard Negotiation Law Review, Spring 2015. In his paper, Professor Pappas discusses the potential effects of incorporating Med-Arb in the dispute resolution process. Here is the abstract: Use of Med-Arb, a dispute resolution process incorporating both...
November 26, 2013
Brian Pappas, Assistant Clinical Professor of Law and Associate Director of Alternative Dispute Resolutionat Michigan State University College of Law, has authored Med-Arb and the Legalization of Alternative Dispute Resolution, Volume 20, Harvard Negotiation Law Review, Spring 2015. In his paper, Professor Pappas discusses the potential effects of incorporating Med-Arb in the dispute resolution process. Here is the abstract: Use of Med-Arb, a dispute resolution process incorporating both...
Canada Joins the Global Arbitration Club
November 25, 2013
Canada has joined the ranks of 150 other countries that use a global court for international arbitration, which the government...
November 25, 2013
Canada has joined the ranks of 150 other countries that use a global court for international arbitration, which the government...
Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations
November 25, 2013
John Y. Gotanda, Associate Dean for Faculty Research and Professor of Law at Villanova University School of Law, has published Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review (Fall 2013) 28 (2): 420-437; Villanova Law/Public Policy Research Paper No. 2013-3039. In his article, Professor Gotanda discusses the role of arbitration in the often high stakes world of investment treaties. He also advocates for the adoption...
November 25, 2013
John Y. Gotanda, Associate Dean for Faculty Research and Professor of Law at Villanova University School of Law, has published Consistently Inconsistent: The Need for Predictability in Awarding Costs and Fees in Investment Treaty Arbitrations, ICSID Review (Fall 2013) 28 (2): 420-437; Villanova Law/Public Policy Research Paper No. 2013-3039. In his article, Professor Gotanda discusses the role of arbitration in the often high stakes world of investment treaties. He also advocates for the adoption...
Two GCs Join Board of International ADR Group
November 24, 2013
The International Institute for Conflict Prevention & Resolution (CPR), the leading independent non-profit organization...
November 24, 2013
The International Institute for Conflict Prevention & Resolution (CPR), the leading independent non-profit organization...
Sixth Circuit Is First To Find Availability Of Class Arbitration Is Gateway Issue To Be Decided By Courts
November 22, 2013
Just four months ago, SCOTUS suggested (but did not hold) that the decision to allow class arbitrations might be a “gateway” issue of arbitrability that defaults to courts. This week, the Sixth Circuit was the first to take the bait and declare the availability of class actions a gateway question that a court decides unless the parties clearly assign the question to the arbitrator. In Reed Elsevier, Inc. v. Crockett, __ F.3d __, 2013 5911219 (6th Cir. Nov. 5, 2013), a lawyer filed...
November 22, 2013
Just four months ago, SCOTUS suggested (but did not hold) that the decision to allow class arbitrations might be a “gateway” issue of arbitrability that defaults to courts. This week, the Sixth Circuit was the first to take the bait and declare the availability of class actions a gateway question that a court decides unless the parties clearly assign the question to the arbitrator. In Reed Elsevier, Inc. v. Crockett, __ F.3d __, 2013 5911219 (6th Cir. Nov. 5, 2013), a lawyer filed...
Dallas Appeals Court Refuses to Compel Arbitration Using Equitable Estoppel
November 21, 2013
The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel. ...
November 21, 2013
The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel. ...
“Manifest Disregard of the Law” is Alive and Well and Vacating Arbitrations in Fourth Circuit
November 21, 2013
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed over the years. However, a recent Fourth Circuit opinion vacated an arbitration award for ”manifest disregard of the law,” a judicially-created basis for vacating arbitration...
November 21, 2013
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed over the years. However, a recent Fourth Circuit opinion vacated an arbitration award for ”manifest disregard of the law,” a judicially-created basis for vacating arbitration...
California Supreme Court Issues Decision on Arbitration and Labor Commissioner Hearings
November 20, 2013
In 2011, the California Supreme Court held: (1) an employee's statutory right to a wage hearing before the Labor Commissioner, known as a Berman hearing, "with all the possible protections that follow from it, is itself an unwaivable right that an employee cannot be compelled to relinquish as a condition of employment;" (2) waiver of an employee's right to seek such a hearing is a substantively unconscionable contract term; and (3) the Federal Arbitration Act (FAA) does not preempt the Court's holdings...
November 20, 2013
In 2011, the California Supreme Court held: (1) an employee's statutory right to a wage hearing before the Labor Commissioner, known as a Berman hearing, "with all the possible protections that follow from it, is itself an unwaivable right that an employee cannot be compelled to relinquish as a condition of employment;" (2) waiver of an employee's right to seek such a hearing is a substantively unconscionable contract term; and (3) the Federal Arbitration Act (FAA) does not preempt the Court's holdings...
Scope of Emergency Arbitrator’s Power Appealed to Second Circuit
November 20, 2013
On October 21, 2013, in Yahoo! Inc. v. Microsoft Corp., No. 13 CV 7237, 2013 U.S. Dist. LEXIS 151175, at *1 (S.D.N.Y. October 21, 2013), the US District Court for the Southern District of New York upheld an award of injunctive relief issued by an emergency arbitrator appointed by the American Arbitration Association (AAA). Yahoo argued that the arbitrator had exceeded his authority and acted in manifest disregard of the law pursuant to the Federal Arbitration Act, 9 U.S.C. § 10(a)(4) (2006),...
November 20, 2013
On October 21, 2013, in Yahoo! Inc. v. Microsoft Corp., No. 13 CV 7237, 2013 U.S. Dist. LEXIS 151175, at *1 (S.D.N.Y. October 21, 2013), the US District Court for the Southern District of New York upheld an award of injunctive relief issued by an emergency arbitrator appointed by the American Arbitration Association (AAA). Yahoo argued that the arbitrator had exceeded his authority and acted in manifest disregard of the law pursuant to the Federal Arbitration Act, 9 U.S.C. § 10(a)(4) (2006),...
