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Arbitration
Residential Taxpayers Don’t Fare Well in Texas Comptroller Arbitrations Involving Bexar Appraisal District
October 25, 2016
The Bexar Appraisal District (BAD) recently produced Texas Comptroller arbitration outcome data for the last decade. The raw data...
October 25, 2016
The Bexar Appraisal District (BAD) recently produced Texas Comptroller arbitration outcome data for the last decade. The raw data...
Arbitration Clause Resources
October 25, 2016
▪ Latham & Watkins Guide to International Arbitration ▪ Proskauer Guide to Arbitration ▪ Practical Law (numerous helpful resources – subscription required) ▪ Dispute Resolution Around the World (Baker & McKenzie) ▪ Arbitration Nation (blog) ▪ Kluwer Arbitration Blog ▪ Arbitration Notes (blog) ▪ Arbitral Institutions and Arbitration Courts (listing) ▪ List of Global Arbitration Bodies ▪ Sample Arbitration Clause (ACC) ▪ Sample Arbitration Clauses (ABA/Hogan...
October 25, 2016
▪ Latham & Watkins Guide to International Arbitration ▪ Proskauer Guide to Arbitration ▪ Practical Law (numerous helpful resources – subscription required) ▪ Dispute Resolution Around the World (Baker & McKenzie) ▪ Arbitration Nation (blog) ▪ Kluwer Arbitration Blog ▪ Arbitration Notes (blog) ▪ Arbitral Institutions and Arbitration Courts (listing) ▪ List of Global Arbitration Bodies ▪ Sample Arbitration Clause (ACC) ▪ Sample Arbitration Clauses (ABA/Hogan...
Conflict Scenario Typologies in a Public Construction Project
October 24, 2016
Conflicts have critical effects on cost and scheduling in public projects. Due to their complexity and larger scale, public projects frequently cause a high-level conflict that can lead to cancellation. Furthermore, because most of these projects are megaprojects, economic losses caused by the conflict can be enormous. Although investigations into the causes of conflict and resolution have been conducted, their findings have not been applied to conflict solution. This paper aims to establish a conflict...
October 24, 2016
Conflicts have critical effects on cost and scheduling in public projects. Due to their complexity and larger scale, public projects frequently cause a high-level conflict that can lead to cancellation. Furthermore, because most of these projects are megaprojects, economic losses caused by the conflict can be enormous. Although investigations into the causes of conflict and resolution have been conducted, their findings have not been applied to conflict solution. This paper aims to establish a conflict...
Ten Things GCs Need to Know When Searching for the Perfect Arbitration Clause
October 24, 2016
In this edition of “Ten Things,” former Travelocity and Sabre General Counsel Sterling Miller searches for the perfect arbitration clause. Alas, much like Moby Dick, El Dorado, Sasquatch, and honesty in politicians, the search comes up dry. But, with a little work, you can come up with a “really damn good” arbitration clause that will better suit your company’s interests and goals. It requires time and effort, such as taking a long look at the clauses you are using now and asking yourself...
October 24, 2016
In this edition of “Ten Things,” former Travelocity and Sabre General Counsel Sterling Miller searches for the perfect arbitration clause. Alas, much like Moby Dick, El Dorado, Sasquatch, and honesty in politicians, the search comes up dry. But, with a little work, you can come up with a “really damn good” arbitration clause that will better suit your company’s interests and goals. It requires time and effort, such as taking a long look at the clauses you are using now and asking yourself...
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
October 20, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s...
October 20, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s...
Houston COA Denies Mandamus Request in Arbitration Dispute Between Insurers
October 19, 2016
Texas’ First District Court of Appeals in Houston has denied a petition for a writ of mandamus related to arbitration proceedings between two insurance companies. In In Re Irving Drobny, No. 01-15-00435-CV (Tex. App. Houston [ 1st Dist.], Aug. 30, 2016), Illinois-based National Accident Insurance Group and National Accident Insurance Underwriters (collectively, “NAIU”) entered into an underwriting agreement with Texas-based American National Insurance Corporation (“ANICO”) that authorized...
October 19, 2016
Texas’ First District Court of Appeals in Houston has denied a petition for a writ of mandamus related to arbitration proceedings between two insurance companies. In In Re Irving Drobny, No. 01-15-00435-CV (Tex. App. Houston [ 1st Dist.], Aug. 30, 2016), Illinois-based National Accident Insurance Group and National Accident Insurance Underwriters (collectively, “NAIU”) entered into an underwriting agreement with Texas-based American National Insurance Corporation (“ANICO”) that authorized...
Futility Trumps Waiver of Arbitration Rights in Third Circuit
October 18, 2016
Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile. Chassen v. Fidelity Nat’l Fin., Inc., 2016 WL 4698256 (3d Cir. Sept. 8, 2016). The case involves a class of real estate purchasers who claim they were overcharged for recording documents in New Jersey. Although there...
October 18, 2016
Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile. Chassen v. Fidelity Nat’l Fin., Inc., 2016 WL 4698256 (3d Cir. Sept. 8, 2016). The case involves a class of real estate purchasers who claim they were overcharged for recording documents in New Jersey. Although there...
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements
October 18, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements. Under the new rule, long-term care facilities and residents may still enter into an agreement to arbitrate after a dispute arises. The final rule is scheduled to become effective on November 28, 2016. The Centers for Medicare and Medicaid...
October 18, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements. Under the new rule, long-term care facilities and residents may still enter into an agreement to arbitrate after a dispute arises. The final rule is scheduled to become effective on November 28, 2016. The Centers for Medicare and Medicaid...
Preemption Parade: FAA Rolls Over Three State Rules
October 17, 2016
Lest anyone think that the preemption doctrine in arbitration has gone dormant, today’s cases should set the record straight. Courts have recently found the FAA preempted state rules in Pennsylvania, South Carolina, and Alabama. The Pennsylvania Supreme Court found that one of its rules of civil procedure was preempted by the FAA in Taylor v Extendicare Health Facilities, Inc., __ A.3d ___, 2016 WL 5630669 (Penn. Sept. 28, 2016). The case involved claims regarding whether a nursing home...
October 17, 2016
Lest anyone think that the preemption doctrine in arbitration has gone dormant, today’s cases should set the record straight. Courts have recently found the FAA preempted state rules in Pennsylvania, South Carolina, and Alabama. The Pennsylvania Supreme Court found that one of its rules of civil procedure was preempted by the FAA in Taylor v Extendicare Health Facilities, Inc., __ A.3d ___, 2016 WL 5630669 (Penn. Sept. 28, 2016). The case involved claims regarding whether a nursing home...
International Arbitration of Patent Claims
October 17, 2016
Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, has published “International Arbitration of Patent Claims,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016), Forthcoming; Fordham Law Legal Studies Research Paper No. 2849465. In his paper, Professor Lee offers his proposal regarding how arbitration may be used to avoid parallel patent litigations across international boundaries. Here...
October 17, 2016
Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, has published “International Arbitration of Patent Claims,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015 (Arthur W. Rovine, ed., 2016), Forthcoming; Fordham Law Legal Studies Research Paper No. 2849465. In his paper, Professor Lee offers his proposal regarding how arbitration may be used to avoid parallel patent litigations across international boundaries. Here...
