All posts by Sarah Cole

Arbitration Conference at University of Texas School of Law

Professor Alan Rau sent me the following announcement about an upcoming conference on arbitration: What Can the Arbitrator Do? Remedies in Commercial, Investment and Energy Arbitrations’ April 17-18, 2008 St. Regis Hotel Houston, Texas Presented by The Permanent Court of Arbitration, The Hague The Houston International Arbitration Club, Inc. The University of Texas School of … Continue reading Arbitration Conference at University of Texas School of Law

Supplemental Briefing Filed In Hall Street

Scotus blog reported that the parties in Hall Street filed their supplemental briefing. See http://www.scotusblog.com/wp/uncategorized/new-layer-of-dispute-on-arbitration/#more-6207 for a story on this topic as well as a link to the briefs. The parties have until Monday, December 3rd to file reply briefs. While I am not certain that anyone other than Justice Roberts was behind the supplemental … Continue reading Supplemental Briefing Filed In Hall Street

Supreme Court Orders Additional Briefing in Hall Street

Today, the Court issued an order requesting supplemental briefing from the Hall Street Parties. The order is as follows: ORDER IN PENDING CASE 06-989 HALL STREET ASSOC. V. MATTEL, INC. The parties are directed to file supplemental briefs addressing the following questions: (1) Does authority exist outside the Federal Arbitration Act (FAA) under which a … Continue reading Supreme Court Orders Additional Briefing in Hall Street

Should arbitration transcripts be routine?

Proponents of arbitration have long touted the core values of arbitration: speed, efficiency and finality. As arbitration agreements have become increasingly widespread, many critics suggest that the lack of due process protections in arbitration result in unfairness, especially to the classic one-shot player – the consumer or employee. One way to ensure that parties receive … Continue reading Should arbitration transcripts be routine?

Fraud in Mediated Settlement Agreements

From Professor Ellen Deason, Moritz College of Law at the Ohio State University, comes our first guest blog: Most court challenges to the enforcement of settlement agreements reached through mediation are doomed to fail.  As shown by Jim Coben’s and Peter Thompson’s empirical analysis of litigation concerning mediation, courts are far more likely to enforce … Continue reading Fraud in Mediated Settlement Agreements

Credit Card Companies and Arbitration

Public Citizen recently issued a report detailing “the arbitration trap” consumers face when they sign up for credit card accounts (http://www.citizen.org/publications/)   Public Citizen is a non-profit group that focuses, among other things, on eliminating the use of mandatory arbitration clauses in employment and consumer disputes.  The report details many of the problems associated with the … Continue reading Credit Card Companies and Arbitration

Supreme Court to Hear Arguments in Case Addressing Whether Parties May Agree to Expand Judicial Review of Arbitration Awards

On November 7, 2007, the Supreme Court will hear arguments in Hall St. Assocs. LLC v. Mattel, Inc. 196 F. App’x (9th Cir. 2006), cert. granted, 127 S.Ct. 2875 (May 29, 2007) (online merits brief at http://www.abanet.org/publiced/preview/briefs/nov07.shtml#hallstreet).  This case will finally address whether parties may agree to expand judicial review of arbitration awards.  The federal … Continue reading Supreme Court to Hear Arguments in Case Addressing Whether Parties May Agree to Expand Judicial Review of Arbitration Awards