In a one-paragraph opinion, the U.S. Court of Appeals for the Fifth Circuit held that arbitration cannot be used to circumvent procedural requirements of the Texas Structured Settlement Protection Act (“SSPA”) and affirmed the District Court’s refusal to confirm an arbitration award. In Symetra Life Ins. Co. v. Rapid Settlements Ltd., No. 08-20248, Symetra National [...]
As a future computer scientist, it is hard not to write about the most recent issue of Landslide, published by the ABA Section of Intellectual Property Law. The magazine contains an excellent article by Mark V. B. Partridge and Scott T. Lonardo. The authors discuss ICANN‘s recent developments in the Internet domain name system: Domain [...]
Continue reading about ICANN: Recent Developments in Internet Governance
[update: H.B. 2139 passed the House and Senate (with amendments); the amended version was under consideration by the conference committee when the session ended. See here. ] Today, two bills related to ADR were passed by the 81st Texas Legislature: H.B. 1083. The bill, authored by Rep. Gary Elkins, states that ”Except as provided by agreement [...]
During this Memorial Day holiday, I came across a very interesting article by Victoria Pynchon, a graduate of the prestigious Straus Institute for Dispute Resolution. The piece is a well-written personal anecdote about her volunteer work during the past U.S. presidential campaign. The lesson? you don’t have to be persuasive to persuade. Here is an [...]
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By Holly Hayes While the use of mediation for conflict resolution is gaining strength in a number of industries, a recent accreditation standard (LD.01.03.01) issued by The Joint Commission is expected to prompt hospitals to explore an expanded use of mediation to manage conflict in the healthcare setting. The new Leadership Standard: Conflict Management Standard [...]
As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision [...]
Continue reading about Arbitration of Discrimination Claims: First Post-Pyett Case
[Ed. note: Obama nominated Sotomayor on May 26; see Hispanic National Bar Association Press Release] Ever since U.S. Supreme Court Justice David Souter revealed his plan to retire, speculation of possible President Barack Obama‘s picks to replace him has flooded the blogosphere. SCOTUSblog has been profiling the “shortlist” candidates with an analysis of their opinions [...]
We are happy to announce that Disputing has teamed up with the Loree Reinsurance and Arbitration Law Forum to create the Commercial and Industry Arbitration and Mediation Group. The Commercial and Industry Arbitration and Mediation Group is a forum for the open discussion of issues and sharing of information concerning commercial and industry arbitration, mediation [...]
Continue reading about Linkedin: Commercial and Industry Arbitration and Mediation Group
As reported today by the Domain Name Wire, SAP, the multinational software company, lost a domain name dispute against UniSAP, a provider of SAP consulting services. The dispute was resolved by a panel at the WIPO Arbitration and Mediation Center. In SAP AG v. UniSAP, Inc., No. D2009-0297, the disputed domain name was unisap.com. The [...]
Continue reading about Domain Name Disputes: SAP Loses Case Against UniSAP
If you’d like to know how disputes are successfully resolved by mediation, Peter A. Scarpato had an interesting guest-post at the Loree Reinsurance and Arbitration Law Forum yesterday about how mediation works. The piece provides an invaluable insight into the mediation process by walking the reader through an actual mediation case. Good stuff. Check out [...]
