court decisions about arbitration

Dead? Alive? Matter of Opinion?

Karl Bayer
December 04, 2008 17:18

            Hall Street and its progeny may have killed “manifest disregard” but the Second Circuit could have just resuscitated it; well, if you consider zombies as resuscitated beings.  In Stolt-Nielsen SA v. Animalfeeds Int’l Corp., the Second Circuit held a court may still review whether an arbi...

We Shall Not Waiver

Karl Bayer
November 05, 2008 14:00

Perry Homes has once again been applied to describe what constitutes an arbitration waiver, except this time no waiver was found.  As we have mentioned before in While We Were Out, a post from May, waiver is hard to come by in a Texas Supreme Court opinion.  Perry Homes could have moved us into a [...

“Emergency Measures” Enacted During an Economic Crisis Have Lasting Legal Ramifications

Karl Bayer
October 10, 2008 20:00

[Ed: On the cusp of what looks to be yet another long weekend on Wall Street, this cautionary tale by Chandra.] After enacting policies to stem the economic crisis of 2000-2002, Argentina is locked in multiple arbitrations with foreign investors who were hurt by the government’s actions, which i...

Arbitration May Have the Last Word in Contentious Illegal Immigration Case

Karl Bayer
October 07, 2008 21:28

Immigration is a hot topic in today’s global economy as travel becomes cheaper and labor markets become more fluid.  However, the rules of immigration can be tricky and, in some cases, contradictory.  For instance, in the U.S., the Ninth and Second Circuit Courts of Appeals gave two different rul...

While We Were Out

Karl Bayer
May 05, 2008 14:45

I picked the wrong week to go on vacation. While I was on an airplane coming back from France, the Texas Supreme Court issued its long-awaited opinion in the Perry Homes Case. The Texas legal blogosphere has already been all over it, and the Supreme Court of Texas Blog has posted a [...]I picked...