My colleague, Gary Spitko of Santa Clara University School of Law, is publishing an article entitled, “The Will as an Implied Unilateral Arbitration Contract” in Volume 67 of the Florida Law Review. The link to the abstract and manuscript on SSRN is here: http://ssrn.com/abstract=2575761. Gary’s work on dispute resolution and its intersection with trusts and … Continue reading The Will as an Implied Unilateral Arbitration Contract
As an arbitrator and teacher of arbitration, I’ve noticed that legal issues are more frequently the focus in arbitration proceedings, both non-labor and labor. I have watched non-lawyer representatives struggle to make legal arguments (although, in fairness, sometimes that is true of lawyers as well). To ensure adequate representation of parties in arbitration involving legal … Continue reading Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?
From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver
Kristen Blankley, who has written on the issue of perjury in arbitration and teaches dispute resolution and ethics courses at the University of Nebraska College of Law, offers additional thoughts (at my request) on the Armstrong arbitration award issued yesterday. From Kristen: Earlier this week, SCA Promotions, a Texas company, filed a motion in Texas … Continue reading Further Thoughts on Armstrong Arbitration Award
Today, a tri-partite arbitration panel sanctioned Lance Armstrong $10 million, ordering him to pay that amount to a prize insurer (who insures price incentives for athletes), as punishment for lying under oath about doping during a previous arbitration among the same parties. SCA Promotions, Inc., the insurer, seeks confirmation of the award in a Texas … Continue reading Arbitration Panel Sanctions Lance Armstrong for Lying Under Oath in Previous Arbitration
From my colleague, Professor Ellen Deason: Last week, UNCITRAL (United Nations Commission on International Trade Law) Working Group II (Arbitration and Conciliation) met in New York at the United Nations. I was privileged to attend as an observer sponsored by the Private International Law Interest Group of the American Society of International Law. Thank you … Continue reading Consideration of New UNCITRAL Convention Moves Forward
If you are interested in an career in dispute resolution and have an interest in academia, I encourage you to apply to become Ohio State University, Moritz College of Law’s next Langdon Fellow. You can apply at jobsatosu.edu. The deadline for applications is March 1, 2015. The position description follows. Please let me know if … Continue reading Langdon Fellow Position at Ohio State University, Moritz College of Law
For the last several years, one of the best events on the ADR calendar has been the annual Works in Progress Conference coordinated by the AALS Section on Dispute Resolution. Last year’s conference, held in November, was hosted by Southwestern Law School. We are now starting the process of identifying the host for the 2015 … Continue reading Call for Proposals to Host Ninth Annual AALS Works in Progress Conference