Recent Articles

Recent Developments in International Arbitration | March, 2012

Karl Bayer
March 22, 2012 12:56

Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Malaysia: Court rules on enforcement of foreign arbitral award USA: Supreme Court reaffirms pro-arbitration stance...

Rhode Island Supreme Court Okays Unauthorized Practice of Law by Non-lawyer in a Labor Arbitration

Karl Bayer
March 21, 2012 12:55

The Rhode Island Supreme Court held that a non-lawyer union representative could represent a grievant in a public labor arbitration. In Re Town of Little Compton, R.I. Supreme Court No. 2011–101-Appeal decided February 9, 2012. The court summarized the facts as follow: On July 8, 2010, the...

Article | Everything You Need to Know about Authority to Settle a Mediation

Karl Bayer
March 20, 2012 12:55

We invite you to check out an article entitled “Everything You Need to Know about Authority to Settle a Mediation” by James R. Madison. The piece was published in the May-July issue of the AAA’s Dispute Resolution Journal. Following are two preview pages: I. Introduction Imagine...

Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement

Karl Bayer
March 19, 2012 14:54

In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a...

Arbitrating with Your Doctor?

Karl Bayer
March 16, 2012 13:24

We recently stumbled upon an article regarding the sudden prevalence of arbitration agreements (between doctors and patients) in the context of medical procedures. Here is an excerpt: Arbitration agreements seem to be popping up in every kind of transaction these days. For those who are unfamiliar...

Bexar County Dispute Resolution Center Honors Don Philbin

Karl Bayer
March 15, 2012 13:07

The Bexar County Dispute Resolution Center (“BCDRC”) awarded our blog contributor  Don Philbin with its Distinguished Service Award for 2011. The BCDRC recognized Don Philbin for his community service, particularly in multi-party and public policy disputes. Read more here. Please join...

Fifth Circuit Interprets the Meaning of a Reasoned Arbitral Award

Karl Bayer
March 14, 2012 12:49

In Rain CII Carbon, LLC v. ConocoPhillips Co. No. 11-30669 (5th Cir. March 9, 2012) ConocoPhillips Company (“Conoco”)  appeals the district court’s judgment confirming an arbitration award favorable to Rain CII Carbon, LLC (“Rain”). Since 2005, Conoco and Rain were parties to a  long-term supply...

GUEST-POST | Response to ‘Stuck in Arbitration’

Karl Bayer
March 13, 2012 12:00

By Michael McIlwrath On March 6, 2012, the New York Times published an Op-Ed article by Prof. Amalia D. Kessler of Stanford Law School criticizing obligatory arbitration for denying access to justice, especially in the context of consumer and employment law disputes. Here in Europe, arbitration...

Article | The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes

Karl Bayer
March 12, 2012 15:50

We invite you to check out Professor Thomas J. Stipanowich’s (pictured right) latest article: The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes. The piece is being...

Nursing Focus on Conflict Engagement

Karl Bayer
March 09, 2012 14:03

by Holly Hayes The American Nurse, the official publication of the American Nurses Association, published the article The Art of Engagement: Nurses, ANA work to address conflict. Here is an excerpt: Engage in conflict? Many nurses would rather head for the hills, or at least down the hall. But at...