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Arbitration
El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
June 6, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...
June 6, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
June 5, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. InRachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages. Rachal...
June 5, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. InRachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages. Rachal...
Vacatur of Convention Awards in U.S. Courts: Fresh Cases and Fresh Thoughts
June 4, 2013
One of the larger waves crashing on the shores of international arbitration as the result of the Restatement (Third) of the Law of International Arbitration is the position — clearly restating existing law — that the grounds stated in Article V of the New York Convention for refusal of recognition of an award should be the exclusive grounds for U.S. judicial annulment of an award made in the U.S. — notably to the exclusion of the doctrine of manifest disregard of the law, and, for that matter,...
June 4, 2013
One of the larger waves crashing on the shores of international arbitration as the result of the Restatement (Third) of the Law of International Arbitration is the position — clearly restating existing law — that the grounds stated in Article V of the New York Convention for refusal of recognition of an award should be the exclusive grounds for U.S. judicial annulment of an award made in the U.S. — notably to the exclusion of the doctrine of manifest disregard of the law, and, for that matter,...
Federal Circuit Refuses To Enjoin International Arbitration of Patent Claims
June 4, 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power...
June 4, 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power...
International Arbitration and Discovery Under 28 U.S.C. Section 1782
June 4, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
June 4, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
June 3, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. In American Family Life Assurance Co. of Columbus v. Biles, No. 12-60235 (5th Cir. April 30, 2013), David Biles completed an application for an accident insurance policy that was underwritten by the American Family Life Assurance Co. of Columbus (“Aflac”) and included a binding arbitration clause. Less than one year after the policy became effective, Biles passed...
June 3, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. In American Family Life Assurance Co. of Columbus v. Biles, No. 12-60235 (5th Cir. April 30, 2013), David Biles completed an application for an accident insurance policy that was underwritten by the American Family Life Assurance Co. of Columbus (“Aflac”) and included a binding arbitration clause. Less than one year after the policy became effective, Biles passed...
Schwab Removes Class Action Waiver from Customer Agreements
June 3, 2013
Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself...
June 3, 2013
Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself...
Arbitral Award of Perpetual License Upheld by Fifth Circuit
June 3, 2013
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes...
June 3, 2013
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes...
A Review of the American Arbitration Association’s New ClauseBuilder Tool
May 31, 2013
In December 2012, the American Arbitration Association (AAA) launched their ClauseBuilder tool online. Anyone can access this tool without signing on to the AAA’s website by going to www.clausebuilder.org. The AAA indicates that the tool will assist “individuals and organizations in drafting clear and effective arbitration and mediation clauses.” In the initial news release, the AAA noted that the tool is based on the AAA’s standard arbitration agreement and that it is limited to commercial...
May 31, 2013
In December 2012, the American Arbitration Association (AAA) launched their ClauseBuilder tool online. Anyone can access this tool without signing on to the AAA’s website by going to www.clausebuilder.org. The AAA indicates that the tool will assist “individuals and organizations in drafting clear and effective arbitration and mediation clauses.” In the initial news release, the AAA noted that the tool is based on the AAA’s standard arbitration agreement and that it is limited to commercial...
After Blocking Mediation, Party Cannot Use Lack of Mediation to Prevent Arbitration
May 30, 2013
In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution...
May 30, 2013
In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution...
