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Arbitration
Empirical Findings on International Arbitration: An Overview
January 18, 2017
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, has published a chapter in the Oxford Handbook on International Arbitration (Forthcoming). In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration. Here is the abstract: This chapter surveys the existing empirical literature on international...
January 18, 2017
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, has published a chapter in the Oxford Handbook on International Arbitration (Forthcoming). In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration. Here is the abstract: This chapter surveys the existing empirical literature on international...
NLRB Judge Finds Class Waiver in Franchisee’s Mandatory Arbitration Policy Violates NLRA
January 17, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration...
January 17, 2017
Once again, a National Labor Relations Board (“NLRB”) administrative law judge has ruled an employer maintained an arbitration...
SCOTUS Adds 16 New Cases to Merits Docket (3 Arbitration)
January 16, 2017
The justices will also return to a familiar question: To what extent can agreements to arbitrate disputes foreclose later efforts to resolve those disputes through litigation? In National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis, the justices agreed to decide whether agreements to forgo class actions or collective proceedings and instead resolve employer-employee disputes through individual arbitration are enforceable under the Federal Arbitration...
January 16, 2017
The justices will also return to a familiar question: To what extent can agreements to arbitrate disputes foreclose later efforts to resolve those disputes through litigation? In National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis, the justices agreed to decide whether agreements to forgo class actions or collective proceedings and instead resolve employer-employee disputes through individual arbitration are enforceable under the Federal Arbitration...
Tale of Two Arbitrations: Demonstrating The FAA In Flux
January 16, 2017
Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in its interpretation. Especially in the past two decades, with the Supreme Court highly engaged in the enforcement of arbitration agreements, the pace of legal development has quickened. That...
January 16, 2017
Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in its interpretation. Especially in the past two decades, with the Supreme Court highly engaged in the enforcement of arbitration agreements, the pace of legal development has quickened. That...
SCOTUS Finally Agrees to Consider Whether Class Action Waivers Included in Employment Agreements Violate the NLRA
January 13, 2017
The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included...
January 13, 2017
The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included...
Texas: Did Arbitration Agreement Expand Judicial Review of Award?
January 12, 2017
In Denbury Onshore, LLC v. Texcal Energy South Texas LP, et al., the Fourteenth Court of Appeals was asked whether the parties...
January 12, 2017
In Denbury Onshore, LLC v. Texcal Energy South Texas LP, et al., the Fourteenth Court of Appeals was asked whether the parties...
Texas Comptroller Arbitrators Ruling Against Commercial Taxpayers
January 11, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
January 11, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
New Commercial Arbitration Database Offers Analytics for Arbitration Attorneys
January 11, 2017
A South Carolina startup, Dispute Resolution Data, has signed agreements to collect information from some 20 arbitration institutions. With up to 100 data points on each closed commercial arbitration, and 45 data fields on each mediation, the database allows users to evaluate likely outcomes based on a host of variables, such as region, industry, average claim amount, award amount, case outcomes, whether national courts became involved and at what rate parties file or prevail in counterclaims....
January 11, 2017
A South Carolina startup, Dispute Resolution Data, has signed agreements to collect information from some 20 arbitration institutions. With up to 100 data points on each closed commercial arbitration, and 45 data fields on each mediation, the database allows users to evaluate likely outcomes based on a host of variables, such as region, industry, average claim amount, award amount, case outcomes, whether national courts became involved and at what rate parties file or prevail in counterclaims....
Texas Comptroller Arbitrators Ruling Against Residential Taxpayers
January 10, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
January 10, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
Nebraska Real Estate And Nebraska Borrowers, But Federal Arbitration Act Applies
January 10, 2017
In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter West Nat’l Bank, __ N.W.2d__ (Neb. Dec. 9, 2016). The case involved buyers who purchased a home from a bank (who owned it after a foreclosure) and then sued the bank alleging misrepresentation and fraud. The bank moved to compel arbitration. In response, the buyers...
January 10, 2017
In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter West Nat’l Bank, __ N.W.2d__ (Neb. Dec. 9, 2016). The case involved buyers who purchased a home from a bank (who owned it after a foreclosure) and then sued the bank alleging misrepresentation and fraud. The bank moved to compel arbitration. In response, the buyers...
