Menu
Arbitration
SCOTUS Requests Response to Cert Petition in Texas Party-Appointed Arbitrator Qualification Case
April 8, 2015
On June 20, 2014 the Texas Supreme Court held in Americo Life, Inc. v. Myer, 440 S.W.3d 18 (Tex. 2014), that an arbitration award had to be vacated because it was made by a panel not constituted according to the parties’ agreement. The parties’ agreement, among other things, incorporated the American Arbitration Association (the “AAA”)’s rules, which at the time the parties entered into the contract followed the traditional, industry arbitration principle that party-appointed arbitrators...
April 8, 2015
On June 20, 2014 the Texas Supreme Court held in Americo Life, Inc. v. Myer, 440 S.W.3d 18 (Tex. 2014), that an arbitration award had to be vacated because it was made by a panel not constituted according to the parties’ agreement. The parties’ agreement, among other things, incorporated the American Arbitration Association (the “AAA”)’s rules, which at the time the parties entered into the contract followed the traditional, industry arbitration principle that party-appointed arbitrators...
Texas’s Limits on Arbitration Clauses in Medical Contracts Struck Down
April 7, 2015
In the past decade, it only seemed that the Texas Supreme Court had already decided every permutation of health-care liability claim and every challenge to an arbitration clause. What happens when one case presents both — a challenge to the Texas law that restricts doctors and other health-care providers who might try to insert arbitration clauses in their contracts? The Texas statute is Section 74.451 of the Civil Practice and Remedies Code, which imposes some strict requirements on any arbitration...
April 7, 2015
In the past decade, it only seemed that the Texas Supreme Court had already decided every permutation of health-care liability claim and every challenge to an arbitration clause. What happens when one case presents both — a challenge to the Texas law that restricts doctors and other health-care providers who might try to insert arbitration clauses in their contracts? The Texas statute is Section 74.451 of the Civil Practice and Remedies Code, which imposes some strict requirements on any arbitration...
Delaware Legislature Introduces Rapid Arbitration Act
April 1, 2015
The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business entities, effectively replacing a previous statute that was invalidated on constitutional grounds. The Act states that its purpose is “to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner,...
April 1, 2015
The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business entities, effectively replacing a previous statute that was invalidated on constitutional grounds. The Act states that its purpose is “to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner,...
CFPB Finds Arbitration Harms Consumers, Presaging New Rules
April 1, 2015
Financial companies routinely use mandatory arbitration to block class-action lawsuits, making it difficult for consumers...
April 1, 2015
Financial companies routinely use mandatory arbitration to block class-action lawsuits, making it difficult for consumers...
Fifth Circuit: Arbitration Panel’s Interpretation Holds “However Good, Bad, or Ugly”
March 30, 2015
In BNSF Railway Co. v. Alstom Transportation, Inc., the Fifth Circuit Court of Appeals vacated the district court's order which had vacated an arbitration panel's award. The Fifth Circuit held that BNSF failed to carry its burden to show that the arbitration panel was not "even arguably interpreting" a maintenance agreement with Alstom, holding that the arbitration's panel's construction of the agreement holds "however good, bad, or ugly."
March 30, 2015
In BNSF Railway Co. v. Alstom Transportation, Inc., the Fifth Circuit Court of Appeals vacated the district court's order which had vacated an arbitration panel's award. The Fifth Circuit held that BNSF failed to carry its burden to show that the arbitration panel was not "even arguably interpreting" a maintenance agreement with Alstom, holding that the arbitration's panel's construction of the agreement holds "however good, bad, or ugly."
Texas: Arbitration Clause Survives Termination or Repudiation of Contract
March 27, 2015
The Fort Worth Court of Appeals, in BBVA Compass Investment Solutions, Inc. v. Brooks, held that an agreement to arbitrate contained within a contract survives the termination or repudiation of the contract as a whole. The arbitration agreement within a written contract is separable from the entire contract. After finding that the arbitration provision survived, the Court then examined the scope of the arbitration provision, focusing on the factual allegations in the complaint, rather than the legal...
March 27, 2015
The Fort Worth Court of Appeals, in BBVA Compass Investment Solutions, Inc. v. Brooks, held that an agreement to arbitrate contained within a contract survives the termination or repudiation of the contract as a whole. The arbitration agreement within a written contract is separable from the entire contract. After finding that the arbitration provision survived, the Court then examined the scope of the arbitration provision, focusing on the factual allegations in the complaint, rather than the legal...
The Will as an Implied Unilateral Arbitration Contract
March 27, 2015
My colleague, Gary Spitko of Santa Clara University School of Law, is publishing an article entitled, “The Will as an Implied...
March 27, 2015
My colleague, Gary Spitko of Santa Clara University School of Law, is publishing an article entitled, “The Will as an Implied...
Supreme Court Grants Cert in Another Arbitration Preemption Case
March 26, 2015
[On Monday], in DirecTV, Inc. v. Imburg, 2015 WL 1280237 (Mar. 23, 2015), the Supreme Court granted a petition for certiorari in a case stemming from a California Court of Appeal decision holding that a California choice of law clause in the parties’ arbitration agreement (which is governed by the Federal Arbitration Act) trumped the FAA preemption doctrine, which is federal law under the FAA. The California Court of Appeal ruled that, under reigning California state law, a class action waiver...
March 26, 2015
[On Monday], in DirecTV, Inc. v. Imburg, 2015 WL 1280237 (Mar. 23, 2015), the Supreme Court granted a petition for certiorari in a case stemming from a California Court of Appeal decision holding that a California choice of law clause in the parties’ arbitration agreement (which is governed by the Federal Arbitration Act) trumped the FAA preemption doctrine, which is federal law under the FAA. The California Court of Appeal ruled that, under reigning California state law, a class action waiver...
CPR Announces Winners of 32nd Annual Academic Awards
March 25, 2015
The International Institute for Conflict Prevention and Resolution (CPR), a global non-profit organization focused on advancing dispute resolution practices and providing high quality dispute resolution solutions, presented its 32nd Annual Awards for Outstanding Scholarship in dispute resolution on Feb. 19, 2015, at a ceremony held at The Lodge at Torrey Pines in La Jolla, CA, at CPR’s Annual Meeting. The CPR Institute’s Awards Program recognizes stellar scholarship in this field. Award criteria...
March 25, 2015
The International Institute for Conflict Prevention and Resolution (CPR), a global non-profit organization focused on advancing dispute resolution practices and providing high quality dispute resolution solutions, presented its 32nd Annual Awards for Outstanding Scholarship in dispute resolution on Feb. 19, 2015, at a ceremony held at The Lodge at Torrey Pines in La Jolla, CA, at CPR’s Annual Meeting. The CPR Institute’s Awards Program recognizes stellar scholarship in this field. Award criteria...
Owner’s Representative’s Potential Liability for Defects, Delays, and Damages
March 20, 2015
This article describes the potential scope of work and roles and responsibilities of the owner’s representative (OR) during the construction phase, discusses specific risks accepted by the OR under full-scope OR agreements, and identifies events that could trigger potential liability for damages due to resulting defects or delays from the performance of OR services. The Role of the Owner’s Representative The need for an OR often arises when an owner does not have staff with relevant experience...
March 20, 2015
This article describes the potential scope of work and roles and responsibilities of the owner’s representative (OR) during the construction phase, discusses specific risks accepted by the OR under full-scope OR agreements, and identifies events that could trigger potential liability for damages due to resulting defects or delays from the performance of OR services. The Role of the Owner’s Representative The need for an OR often arises when an owner does not have staff with relevant experience...
