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Disputing
By Karl Bayer, Arbitrator, Mediator & Special Master Visit the blog
156 published works
Disputing
CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements
By Beth Graham
The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States. The rule…
Disputing
Does International Arbitration Enfeeble or Enhance Local Legal Institutions?
By Beth Graham
Catherine A. Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation & the Rule of Law at Queen Mary, University of London, and Christopher R. Drahozal,…
Disputing
SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention
By Beth Graham
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on…
Disputing
Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case
By Beth Graham
The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer. In Trammell v. AccentCare,…
Disputing
Fifth Circuit Withdraws Prior Opinion in Case Involving Arbitration
By Beth Graham
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration. In Stemcor USA Inc. v. Cia…
Disputing
Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone
By Beth Graham
Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professor in Empirical Research at Mitchell Hamline School of Law, has published a thoughtful journal…
Disputing
SCOTX Grants Petition For Review Over Local Government Arbitration Question
By Beth Graham
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam…
Disputing
Supreme Court of Guam Upholds Harris County, Texas Court’s Order Confirming Arbitration Award
By Beth Graham
In a case of first impression, the Supreme Court of Guam has upheld a Texas court’s confirmation of an arbitration award that was issued against a Guam-based business. In the…
Disputing
Designing and Implementing a State Court ODR System: From Disappointment to Celebration
By Beth Graham
Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professorship in Empirical Research at Mitchell | Hamline School of Law, has written “Designing and Implementing…
Disputing
Based on Delegation Provision in AAA Consumer Rules, Missouri Appellate Court Orders Putative Class-Action Privacy Case to Arbitration
By Beth Graham
A Missouri appellate court has ordered a proposed class-action lawsuit alleging Ancestry.com released customer health data to third parties without first obtaining consent to arbitration. In Hughes v. Ancestry.com, No.…