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 [...]
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, wrote recently the interesting article International Commercial Arbitration: Special Skills, Special Sources, American Review of International Arbitration, Vol. 20, No. 2, 2010. Professor Strong discusses practical issues confronting young attorneys in international commercial arbitration. Here is an excerpt: I. [...]
Last week, we concluded the series “Questions Clients Have about Mediation” written by Kent B. Scott and Cody W. Wilson from Babcock Scott & Babcock. In case you missed these interesting posts, following are links to all of them: What is Mediation? What are the Advantages and Disadvantages of Mediation? Would my Mediation be Confidential? [...]
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By Peter S. Vogel Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and [...]
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By Kent B. Scott and Cody W. Wilson The success of mediation is mainly determined by the parties. It is their process and they are in control of the ultimate result. While there is no guarantee that any mediation will succeed, there are some common elements found in successful mediations: The mediator selected by the [...]
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will host “Social Media: eMail, SPAM, Spyware, and Phishing,” a State Bar of Texas Webcast on Wednesday, July 28th 12:30-1:30pm CST. DESCRIPTION: The Internet has transformed communications as evidenced by the current estimate that over 210 billion emails are sent [...]
By U.S. District Judge W. Royal Furgeson, Jr. Dear Friends: I have read with interest “Why Isn’t ADR More Popular? A Report from Harvard.” From my perspective as a judge, I would recommend that lawyers be very careful about inserting mandatory arbitration language into their client’s contracts. First, I see a great deal of buyer’s [...]
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By Kent B. Scott and Cody W. Wilson Every mediation is unique. The mediator will work with the parties and counsel to devise the appropriate format for the mediation. In general, however, mediation has four stages: Opening joint session The mediation usually begins with a joint session. At this session, the parties will be seated [...]
Law Review Article | Still Litigating Arbitration in the Fifth Circuit, But Less Often
We invite you to read Donald R. Philbin, Jr. and Audrey Lynn Maness‘ latest Fifth Circuit law review article, Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010). Here is an excerpt: Arbitration remains under national klieg lights. It has “become a wide-ranging surrogate for civil litigation” [...]
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