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Mediating by Skype!
August 23, 2013
One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month, I want to share my experience of using just one of these –Skype. There are numerous different online mediation platforms in use these days, and even more in development....
August 23, 2013
One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month, I want to share my experience of using just one of these –Skype. There are numerous different online mediation platforms in use these days, and even more in development....
A Rose by Any Other Name
August 23, 2013
Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the subject of the loss, while the insurance company places a lower value. A third party is called in to offer an opinion about the value of the loss and the parties agree to be bound by that third party’s opinion. Sometimes the parties each choose an appraiser and the two appraisers...
August 23, 2013
Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the subject of the loss, while the insurance company places a lower value. A third party is called in to offer an opinion about the value of the loss and the parties agree to be bound by that third party’s opinion. Sometimes the parties each choose an appraiser and the two appraisers...
Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence
August 23, 2013
In two decisions this week, courts consider whether arbitration awards can be vacated based on arbitrators’ decisions to exclude...
August 23, 2013
In two decisions this week, courts consider whether arbitration awards can be vacated based on arbitrators’ decisions to exclude...
Why is Harmonization of Common Law and Civil Law Procedures Possible in Arbitration but Not Litigation?
August 23, 2013
University of Missouri School of Law Professor S. I. Strong has authored Why is Harmonization of Common Law and Civil Law Procedures Possible in Arbitration but Not Litigation?, Book Chapter in Cultura y Proceso (Mónica María Bustamante Rúa ed., 2013, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2013-12. In her publication, Professor Strong analyzes the current role of both arbitration and litigation in the international commercial arena. Here is the abstract: International...
August 23, 2013
University of Missouri School of Law Professor S. I. Strong has authored Why is Harmonization of Common Law and Civil Law Procedures Possible in Arbitration but Not Litigation?, Book Chapter in Cultura y Proceso (Mónica María Bustamante Rúa ed., 2013, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2013-12. In her publication, Professor Strong analyzes the current role of both arbitration and litigation in the international commercial arena. Here is the abstract: International...
Floating Questions for the Beach
August 22, 2013
Hanging around my notebook are musings and questions waiting for an iron to get hot enough to strike. Well, the iron hasn’t and it being August we might as well just lay them down there, unconnected but I hope not worthless. 1. The corporate people say that new ideas are hot and stale ones are not. Is it true that ADR is still as worthwhile as it ever was as a corporate practice, it’s just no longer “cutting edge” and so it’s hard to find a champion for it? 2. The course,...
August 22, 2013
Hanging around my notebook are musings and questions waiting for an iron to get hot enough to strike. Well, the iron hasn’t and it being August we might as well just lay them down there, unconnected but I hope not worthless. 1. The corporate people say that new ideas are hot and stale ones are not. Is it true that ADR is still as worthwhile as it ever was as a corporate practice, it’s just no longer “cutting edge” and so it’s hard to find a champion for it? 2. The course,...
A Summary of Recent Arbitration Confirmation Cases
August 22, 2013
Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share his summary here: Disagreement Over Result Bailey Brake Farms, Inc. v. Trout, No. 2011-CA-00610 (Miss. S.C. May 23, 2013) (mere disagreement with the result of arbitration is not a ground for vacating an arbitration award) Leeward Constr. Co. v. American Univ. of Antigua College of Medicine, Case No. 12-6280 (USDC...
August 22, 2013
Roland Goss, Partner at Jordon Burt, LLP, has compiled a useful summary of recent arbitration confirmation cases. Disputing would like to thank Mr. Goss for allowing us to share his summary here: Disagreement Over Result Bailey Brake Farms, Inc. v. Trout, No. 2011-CA-00610 (Miss. S.C. May 23, 2013) (mere disagreement with the result of arbitration is not a ground for vacating an arbitration award) Leeward Constr. Co. v. American Univ. of Antigua College of Medicine, Case No. 12-6280 (USDC...
The Next Frontier of Arbitration Litigation: Lessons From State Courts
August 22, 2013
After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share. First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd. And second, there are arbitration issues percolating in state courts that counsel practicing in this area should be aware of. In particular, state courts are: 1) working hard to avoid having the FAA preempt their developed defenses to arbitration...
August 22, 2013
After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share. First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd. And second, there are arbitration issues percolating in state courts that counsel practicing in this area should be aware of. In particular, state courts are: 1) working hard to avoid having the FAA preempt their developed defenses to arbitration...
Arbitrator’s Decision to Preclude Party From Defending Against Claim as Sanction for Fabricating Evidence Affirmed
August 22, 2013
In a decision that confirms arbitrators’ broad discretion to not only fashion remedies, but also fashion sanctions, the Minnesota Court of Appeals held that an arbitrator did not exceed his power by issuing a severe sanction: denying one party the right to defend against certain claims after finding that party had fabricated evidence relating to those claims. Seagate Technology, LLC v. Western Digital Corp., __N.W.2d __, 2013 WL 3779231 (Minn. Ct. App. July 22, 2013). The case involved...
August 22, 2013
In a decision that confirms arbitrators’ broad discretion to not only fashion remedies, but also fashion sanctions, the Minnesota Court of Appeals held that an arbitrator did not exceed his power by issuing a severe sanction: denying one party the right to defend against certain claims after finding that party had fabricated evidence relating to those claims. Seagate Technology, LLC v. Western Digital Corp., __N.W.2d __, 2013 WL 3779231 (Minn. Ct. App. July 22, 2013). The case involved...
Bill Banning Predispute Arbitration Clauses in Broker-Dealers’ Customer Agreements Introduced into Congress
August 21, 2013
Last Friday, Rep. Keith Ellison (D-Minn) introduced the “Investor Choice Act” into the House of Representatives, a bill that proposes to ban broker-dealers, investment advisers, funding portals and municipal securities dealers from including mandatory arbitration clauses in their customer and client agreements. While Dodd-Frank explicitly authorized the Securities and Exchange Commission to ban such arbitration clauses to protect investors, fhe SEC has not yet acted on its authority and Commissioner...
August 21, 2013
Last Friday, Rep. Keith Ellison (D-Minn) introduced the “Investor Choice Act” into the House of Representatives, a bill that proposes to ban broker-dealers, investment advisers, funding portals and municipal securities dealers from including mandatory arbitration clauses in their customer and client agreements. While Dodd-Frank explicitly authorized the Securities and Exchange Commission to ban such arbitration clauses to protect investors, fhe SEC has not yet acted on its authority and Commissioner...
Conflict and Movements for Social Change: The Politics of Mediation and the Mediation of Politics
August 21, 2013
Movements for social change are products, producers and resolvers of conflict. By joining together to bring about change, their members affirm the positive, creative role that conflict can play in calling attention to injustices, applying pressure to support needed social changes, reinforcing progressive values, halting censorship and retaliation, and resolving the chronic, systemic sources of social conflict. Yet these same movements are often plagued with their own internal conflicts, which...
August 21, 2013
Movements for social change are products, producers and resolvers of conflict. By joining together to bring about change, their members affirm the positive, creative role that conflict can play in calling attention to injustices, applying pressure to support needed social changes, reinforcing progressive values, halting censorship and retaliation, and resolving the chronic, systemic sources of social conflict. Yet these same movements are often plagued with their own internal conflicts, which...
