Ross Runkel mentions the Vaden case at: http://www.lawmemo.com/arbitrationblog/ Both scotusblog and lawmemo have the briefs available at http://www.lawmemo.com/supreme/case/vaden/ and http://www.scotusblog.com/wp/todays-orders-23/. Runkel mentions that the case will not be argued until Fall of 2008.
On March 8, the National Arbitration Forum blog reported that Fullbright and Jaworski conducted a survey of American companies which revealed that, “in recent years, American companies of all sizes have become less reliant on outside counsel.” See http://arbitration-forum.blogspot.com/2008_03_01_archive.html While the NAF bloggers speculate that the popularity of arbitration may be behind this change, it … Continue reading Why American Companies Resolve Disputes Outside of Litigation
The question at issue in Preston v. Ferrer, 552 U.S. ___ (February 20, 2008), was whether the Federal Arbitration Act (FAA) preempts state statutes that create primary jurisdiction in a state administrative agency for a dispute arising among parties who have a private arbitration agreement. The Court held, in an unsurprising 8-1 decision, that the … Continue reading Supreme Court Decision in Preston Today!
The U.S. Supreme Court just granted certiorari in a third arbitration case for this term!! 14 Penn Plaza v. Pyett, — S.Ct. —-, 2008 WL 423540 (U.S.), 76 USLW 3255 (February 19, 2008). The Pyett case will address whether a union-negotiated waiver of employees’ rights to proceed in a judicial forum for federal statutory causes … Continue reading Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett
Resolution Systems Institute, which used to be known as CAADRS, sent this announcement about their new website. It looks like a great new resource for research on court ADR: A NEW WEB SITE FOR A TRUSTED RESOURCE: INTRODUCING COURTADR.ORG Resolution Systems Institute, formerly the Center for Analysis of ADR Systems (CAADRS), announces the launch of … Continue reading CAADRS Becomes RSI; New ADR Resources Available
Professors Theodore Eisenberg, Geoffrey Miller and Emily Sherwin investigated a number of Fortune 100 firms’ use of mandatory arbitration clauses. See Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts (draft December 18, 2007). Their empirical analysis revealed that companies frequently use arbitration clauses in consumer contracts but do not … Continue reading Empirical Arbitration Analysis Reveals Companies Prefer Litigation
A terrific symposium will occur tomorrow at the Moritz College of Law. You can watch a live webcast of the symposium at http://moritzlaw.osu.edu/jdr/symposium.html. Speakers include Cathy Costantino, Judge Wayne Brazil, Lisa Bingham, David Lipsky, Dale Hetzler, John Lande and Francis McGovern. The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions January 24, … Continue reading Ohio State Journal on Dispute Resolution Symposium on Dispute Systems Design Tomorrow
Last Monday, January 14th, the United States Supreme Court heard oral argument in the Preston v. Ferrer case. This case raises the question whether the Federal Arbitration Act preempts the California Talent Agencies Act. Preston involves a dispute between a purported talent agent and his client, Alex Ferrer, over fees. “Judge Alex”, as he is … Continue reading Oral Argument in Preston v. Ferrer
Professor Alan Rau sent me the following announcement about an upcoming conference on arbitration: What Can the Arbitrator Do? Remedies in Commercial, Investment and Energy Arbitrations’ April 17-18, 2008 St. Regis Hotel Houston, Texas Presented by The Permanent Court of Arbitration, The Hague The Houston International Arbitration Club, Inc. The University of Texas School of … Continue reading Arbitration Conference at University of Texas School of Law
Sheldon Larky, a full-time family law mediator from Michigan, visited the Moritz College of Law to speak to our students about mediation advocacy and negotiation tactics. Sheldon was a delightful speaker who offered some interesting insights. Chief among those were that one should never negotiate at one’s own office. If a lawyer chooses to negotiate … Continue reading Negotiation Techniques
