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Arbitration
The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards
May 29, 2017
In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States federal courts, however, the mix of issues concerning subject matter jurisdiction and personal jurisdiction, respectively, has made for bewilderment galore. Thus, the question of federal jurisdiction over petitions to confirm, vacate or modify an arbitration award under the Federal...
May 29, 2017
In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States federal courts, however, the mix of issues concerning subject matter jurisdiction and personal jurisdiction, respectively, has made for bewilderment galore. Thus, the question of federal jurisdiction over petitions to confirm, vacate or modify an arbitration award under the Federal...
Clear Statement Rules and the Integrity of Labor Arbitration
May 26, 2017
Professor Stephen F. Ross, Lewis H. Vovakis Distinguished Faculty Scholar and Director of the Penn State Institute for Sports Law, Policy, and Research at Penn State Law, and Roy Eisnehardt, Lecturer in Sports Law at the University of California, Berkeley School of Law, have published “Clear Statement Rules and the Integrity of Labor Arbitration,” Penn State Law Research Paper No. 6-2017; Arbitration Law Review, Forthcoming. In their journal article, the authors discuss arbitration of employment-related...
May 26, 2017
Professor Stephen F. Ross, Lewis H. Vovakis Distinguished Faculty Scholar and Director of the Penn State Institute for Sports Law, Policy, and Research at Penn State Law, and Roy Eisnehardt, Lecturer in Sports Law at the University of California, Berkeley School of Law, have published “Clear Statement Rules and the Integrity of Labor Arbitration,” Penn State Law Research Paper No. 6-2017; Arbitration Law Review, Forthcoming. In their journal article, the authors discuss arbitration of employment-related...
Beaumont COA Orders ExxonMobil to Arbitrate Casualty Claims Related to Refinery Fire
May 26, 2017
The Ninth District Court of Appeals in Beaumont has ordered ExxonMobil to arbitrate a dispute with an insurance company. In Lexington Insurance Co. v. Exxon Mobil Corp., et al., No. 09-16-00357-CV, (Tex. App. – Beaumont, April 27, 2017), a fire occurred at an ExxonMobil oil refinery in 2013. Unfortunately, several workers were hurt and two others were killed as a result. Three of the injured workers were third-party contractors who were employed by Brock Services. Prior to the fire, ExxonMobil...
May 26, 2017
The Ninth District Court of Appeals in Beaumont has ordered ExxonMobil to arbitrate a dispute with an insurance company. In Lexington Insurance Co. v. Exxon Mobil Corp., et al., No. 09-16-00357-CV, (Tex. App. – Beaumont, April 27, 2017), a fire occurred at an ExxonMobil oil refinery in 2013. Unfortunately, several workers were hurt and two others were killed as a result. Three of the injured workers were third-party contractors who were employed by Brock Services. Prior to the fire, ExxonMobil...
Texas Federal Court Rules Insurance Policy Requires Arbitration in England
May 25, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England. In Gemini Ins. Co. v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. B0973MA1305152 Issued Through the Office of Osprey Underwriting Agency Limited, No. 4:17-CV-01044 (S.D. Tex., April 13, 2017), Galveston Bay Energy, LLC, secured an insurance policy related to the company’s offshore oil drilling platform work from both...
May 25, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England. In Gemini Ins. Co. v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. B0973MA1305152 Issued Through the Office of Osprey Underwriting Agency Limited, No. 4:17-CV-01044 (S.D. Tex., April 13, 2017), Galveston Bay Energy, LLC, secured an insurance policy related to the company’s offshore oil drilling platform work from both...
Inside the Arbitrator’s Mind
May 24, 2017
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional...
May 24, 2017
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional...
US Supreme Court Issues Arbitration Decision in Nursing Home Dispute
May 19, 2017
In a 7-1 decision issued today, the Supreme Court of the United States continued its long line of cases holding that the FAA preempts state law. Kindred Nursing Centers v. Clark, No. 16-32 (May 14, 2017) (click here for a copy of the decision). The Kentucky Supreme Court had developed a rule that a power of attorney instrument cannot authorize an agent to waive fundamental rights, such as the right to a jury trial, unless the power of attorney expressly mentions those fundamental rights. In...
May 19, 2017
In a 7-1 decision issued today, the Supreme Court of the United States continued its long line of cases holding that the FAA preempts state law. Kindred Nursing Centers v. Clark, No. 16-32 (May 14, 2017) (click here for a copy of the decision). The Kentucky Supreme Court had developed a rule that a power of attorney instrument cannot authorize an agent to waive fundamental rights, such as the right to a jury trial, unless the power of attorney expressly mentions those fundamental rights. In...
SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial
May 19, 2017
Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend” methods that state courts have been using to avoid arbitration clauses. The Kentucky decision can be summarized easily. The case involved nursing homes attempting to compel arbitration of wrongful death and personal injury claims by estates of deceased residents. ...
May 19, 2017
Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend” methods that state courts have been using to avoid arbitration clauses. The Kentucky decision can be summarized easily. The case involved nursing homes attempting to compel arbitration of wrongful death and personal injury claims by estates of deceased residents. ...
The Agreement to Arbitrate and the ‘Applicable Law’
May 19, 2017
Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The...
May 19, 2017
Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The...
California Supreme Court Invalidates Citibank Arbitration Provision Requiring Waiver of Right to Seek Public Injunctive Relief
May 18, 2017
The Supreme Court of California has ruled a predispute arbitration provision that requires a consumer to waive the right to seek public injunctive relief is unenforceable. In McGill v. Citibank, N.A., No. S224086 (Cal., April 6, 2017), a California woman, McGill, opened a credit card issued by Citibank in 2001. At the time she opened the credit card account, McGill also agreed to purchase the bank’s credit protector plan designed to waive her credit card balance in the event of her unemployment,...
May 18, 2017
The Supreme Court of California has ruled a predispute arbitration provision that requires a consumer to waive the right to seek public injunctive relief is unenforceable. In McGill v. Citibank, N.A., No. S224086 (Cal., April 6, 2017), a California woman, McGill, opened a credit card issued by Citibank in 2001. At the time she opened the credit card account, McGill also agreed to purchase the bank’s credit protector plan designed to waive her credit card balance in the event of her unemployment,...
8th Circuit Finds ADEA Does Not Preclude Arbitration
May 17, 2017
One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute...
May 17, 2017
One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute...
