By Alan Scott Rau One really needs a few days to absorb the importance of cases like this—I know instant punditry is increasingly de rigueur, but I’m quite uneasy with it. Anyway, with that caveat, one could say the following: The doctrinal importance of the case seems swamped by the overwhelming reality that arbitration, at [...]
by Alan Scott Rau Can this possibly be right? For one thing, I would have thought that ordering the payment of a deposit should be a matter for the court, not the arbitrator: It seems to be a question of whether and how to “order the parties to arbitration in accordance with their agreement” under [...]
Continue reading about Professor Alan Scott Rau Comments on Dealer Computers v. Old Colony Motors
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving [...]
Professor Alan Scott Rau, from The University of Texas School of Law, has made the following comments regarding our recent posts on Stolt-Nielsen (see posts Part I, Part II, and Part III). I ‘m afraid I just can’t understand all this talk about “silence,” and I could use some help here. Contracts very often expressly [...]
Professor Alan Scott Rau has forwarded us the following comments relating to our post of yesterday, in which we summarized the recent Texas Supreme Court case of In re Morgan Stanley & Co., Inc., __ S.W.3d __ (Texas 2009) (No. 07-0665). The Texas Supreme Court gets it absolutely right [and totally without regard to the [...]
Continue reading about Professor Alan Scott Rau Comments on In re Morgan Stanley
Professor Alan Scott Rau sent the following comments to Karl in response to our thoughts about his recent article on Hall Street v. Mattel. They are helpful, and they raise a question for our readers, that is, for lawyers in the trenches in Texas. The [unedited] comments follow: Two points, one small, one rather larger: [...]
Continue reading about Professor Alan Scott Rau Responds to Hall Street v. Mattel
A couple weeks ago, Prof. Rau over at the law school (with whom Karl has co-spoken about arbitration at a number of CLE programs) sent us a copy of his recent dissection of the Hall Street vs. Mattel Supreme Court opinion (link is to .pdf file), about which we blogged when it came out. The [...]
Continue reading about Professor Alan Scott Rau Gives Justice Souter a C-minus
American Review of International Arbitration Article | Understanding (and Misunderstanding) ‘Primary Jurisdiction’
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Understanding (and Misunderstanding) “Primary Jurisdiction, American Review of International Arbitration (forthcoming). Here is the abstract: In our “Westphalian” regime of international arbitration, conflict and competition between national jurisdictions, with overlapping and yet plausible claims to supervise the process, become inevitable. The conventional [...]
Continue reading about American Review of International Arbitration Article | Understanding (and Misunderstanding) ‘Primary Jurisdiction’