The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative [...]
Continue reading about Pending Legislation on U.S. Alternative Dispute Resolution: Update
The July 2009 issue of the Defense Litigation Journal, published by the International Association of Defense Council had an interesting article: Trends in Litigating Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards, 76 Def. Couns. J. 338 (2009), written by our blog contributor Don Philbin. Check it out. Technorati Tags: ADR, [...]
Via the Business Conflict Blog, we learned of the recent ABA Resolutions and Report with respect to the Arbitration Fairness Act of 2009 (for background, click here and here) and its implications to international commercial arbitration. This is the summary: The American Bar Association should support the use of international commercial arbitration and legislation or [...]
The United States Court of Appeals for the Fifth Circuit held that a contract containing a choice of law and forum clause effectively waives the right to remove to federal court under the New York Convention. In ENSCO International Inc. v. Certain Underwriters at Lloyd’s et. al. (No. 08-10451) (5th Cir. Aug. 12, 2009), plaintiff [...]
We are happy to share with you that our blog Disputing turns four today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post: Two Law Review Articles have cited Disputing (here [...]
A panel at the World Intellectual Property Organization (“WIPO”) decided recently the domain name dispute Lacoste Alligator S.A. v. LaCoste Healing Jewelry, WIPO Case No. D2009-0700. The Complainant is Lacoste Alligator, S.A., a clothing company famous for manufacturing tennis shirts, owner of the word mark LACOSTE (USPTO No. 1947111). Respondent is LaCoste Healing Jewelry, owned [...]
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By Peter S. Vogel A software vendor made an arbitration demand that its hospital customer failed to pay thousands of dollars for its annual computer software maintenance support, and the hospital responded that it had terminated the agreements. Sounded like a pretty simple and straight forward dispute. At the preliminary telephone hearing the parties requested [...]
Karl Bayer came across an interesting article published by the Alternative Dispute Resolution Section of the State Bar of Texas. Written by Wendy Trachte-Huber and Stephen Huber, Third Party Claims Regarding Arbitration comments on opinions by the U.S. Supreme Court, the Texas Supreme Court, and the Fifth Circuit Court of Appeals relating to the rights [...]
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In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration. In El Paso Corporation v. La Comision Ejecutiva, (No. 08-20771) (5th Cir. Aug. 6, 2009), La Comision Ejecutiva Hidroelectrica Del Rio Lempa (“CEL”) [...]
GUEST-POST: Bad Faith Mandatory Mediation by Software Developer
By Peter S. Vogel The mandatory mediation provision of the software development agreement seemed like a good idea to me since a mediation conference was required before litigation could be filed. However, it turned out to be a ploy. The California software vendor had a contract for software development for the implementation of a new [...]
Continue reading about GUEST-POST: Bad Faith Mandatory Mediation by Software Developer