Posts Tagged ‘Disputing’

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Disputing Has Published Part II of our Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Co. Guest Post

August 10th, 2009 Arbitrability, Authority of Arbitrators, Class Action Arbitration, General, Guest Posts Comments Off on Disputing Has Published Part II of our Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Co. Guest Post

Last week we announced that  Disputing had published Part I of our four-part guest post on Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2009), petition for cert. granted June 15, 2009 (No. 08-1198) (post here).  Today, Disputing published Part II, which discusses Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003), the case that provides the legal landscape against which the Supreme Court will decide Stolt-Nielsen.   You can read Part II here.   We expect Disputing will publish Part III later this week, with Part IV to follow.  

The Supreme Court’s decision in Stolt-Nielsen may have some important ramifications for both commercial and consumer arbitration.  And soon-to-be Justice Sotomayor may provide the swing vote in the case.  So for advance coverage, tune into Disputing….

Disputing Guest Post: Class And Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will The United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?

August 6th, 2009 Arbitrability, Authority of Arbitrators, Consolidation of Arbitration Proceedings, Guest Posts, United States Court of Appeals for the Second Circuit, United States Supreme Court 3 Comments »

 The Loree Reinsurance and Arbitration Law Forum is delighted to guest post once again on Karl Bayer’s and Victoria VanBuren’s wonderful ADR blog, Disputing.  Because Victoria and I have both written fairly extensively about Hall Street Assoc. v. Mattel, Inc, 128 S. Ct. 1396 (2008), and about two of the most frequently cited cases construing Hall Street’s dictum on manifest disregard of the law — Citigroup Global Markets, Inc. v. Bacon, 562 F.3d 349 (5th Cir. 2009) and Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2009), petition for cert. granted June 15, 2009 (No. 08-1198) –  and because the United States Supreme Court has granted certiorari in Stolt-Nielsen, we thought that our joint-readership might appreciate an analysis of the issues that the Supreme Court will likely address – or at least face — in that case.  That’s what we have set out to do in a four-part guest post, Part I of which was published today.  (Check it out  here.)

As readers may already know, the issue before the United States Supreme Court is whether it is consistent with the Federal Arbitration Act to impose class arbitration on parties whose arbitration agreement is silent on that point.  This is the same issue that the Supreme Court set out to decide in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003), but ultimately never did because a plurality of the Court ruled that there was a disputed issue of contract interpretation as to whether the agreements in that case were, in fact, silent on class arbitration, which resulted in a remand to the arbitrator.  But in Stolt-Nielsen the panel ruled, and the parties agreed, that the contracts are silent on this key point, so the Supreme Court will presumably confront the issue head on. 

The Supreme Court’s decision next Term may have some important ramifications for both commercial and consumer arbitration.  And soon-to-be Justice Sotomayor may provide the swing vote in the case.  So for some advance coverage, tune into Disputing….

The LinkedIn Commercial and Industry Arbitration and Mediation Group is 200 Members Strong!

July 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General 1 Comment »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 200  members.  Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is useful to those of us that are following the unfortunate developments plaguing consumer debt arbitration, and for those who want to keep abreast of  judicial and legislative developments relevant to arbitration law.   A number of industry arbitrators, attorneys, industry people  and arbitration professionals are members. 

Mediation is another key area that is the subject of group discussions and the posting of articles.  The group is proud to have as members a number of accomplished mediators.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; law students and other students of commercial and industry ADR; and anyone else interested in the subject.  The Group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not worry about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group.

We hope you’ll join us and participate!

The Texas Supreme Court Says Court – Not Arbitrator — Gets to Decide Lack of Capacity Issue Notwithstanding the Severability Doctrine

July 21st, 2009 Arbitrability, Authority of Arbitrators, Texas Supreme Court Comments Off on The Texas Supreme Court Says Court – Not Arbitrator — Gets to Decide Lack of Capacity Issue Notwithstanding the Severability Doctrine

Karl Bayer’s and Victoria VanBuren’s Texas-based  Disputing blog recently reported on In re Morgan Stanley & Co., Inc., __ S.W.3d __ (Texas 2009) (No. 07-0665), in which the Texas Supreme Court held that whether a contracting party had the capacity to enter into a contract containing an arbitration agreement was for the court to decide, notwithstanding that, under the severability (a/k/a “separability”) doctrine, a challenge to the validity or enforceability of a contract as a whole, including the arbitration agreement, is generally for the arbitrators to decide under a broad arbitration clause.  Ms. VanBuren did an excellent job summarizing the case and explaining its significance in her post, “Texas Supreme Court Holds that the Court, not the Arbitrator Should Decide the Issue of Capacity to Contract,” and we recommend that anyone interested in learning more about the case read her thoughtful and nicely-written post. 

Morgan Stanley illustrates that the severability doctrine —  first espoused by the United States Supreme Court in Prima Paint v. Conklin Mfg. Corp., 388 U.S. 395, 403-04 (1967) and later clarified in Buckeye Check Cashing v. Cardengna, 546 U.S. 440, 449 (2006) — is not without its limits.  Severability is a legal fiction, which Courts apply for the purpose of determining whether arbitrators have the authority to determine certain disputes concerning the enforceability or validity of a contract containing an arbitration clause.  It deems the arbitration clause to be an agreement which stands on its own footing from the contract in which it is contained.  Continue Reading »

Loree Reinsurance and Arbitration Law Forum and Four Other ADR Blogs Make Diane Levin’s “Top Five Tuesdays” List Of New ADR Blogs

July 19th, 2009 Commercial and Industry Arbitration and Mediation Group, General, Reinsurance Arbitration, Reinsurance Mediation Comments Off on Loree Reinsurance and Arbitration Law Forum and Four Other ADR Blogs Make Diane Levin’s “Top Five Tuesdays” List Of New ADR Blogs

Each Tuesday the National Arbitration Forum Blog features a “Top Five Tuesdays” guest-blog submission.  The guest-blogger submits a “Top Five” list on some topic pertinent to ADR. 

On July 14, 2009 the NAF Blog posted a “Top-Five Tuesdays” submission by master-blogger Diane Levin, entitled “5 New ADR Blogs to Add to Your Reading List.”  (Available here.)  Diane is, among other things, the blog master of the excellent and immensely popular ADR blog, Mediation Channel, and “unofficial taxonomist of the ADR blogosphere” at her popular worldwide blog directory,  ADRBlogs.com.   Noting that she “track[s] and catalog[s] bloggers world-wide who write about ADR, negotiation, and conflict resolution,” Diane said:     

It gives me the ability to introduce new and worthy ADR blogs to readers – like the following five blogs. I hope you enjoy them: 

 

  1. Loree Reinsurance and Arbitration Law Forum provides discussion and insights on reinsurance litigation and arbitration and is published by New York-based boutique commercial and industry arbitration firm Loree & Loree. This blog demonstrates quality writing on newsworthy topics that distinguish the top ADR blog; a recent example is “The AAA Commercial Rules and the Pig in a Poke: Gilbert Street Developers, LLC v. La Quinta Homes, LLC“.
  2. Business Conflict Blog provides perspectives on managing the business disputes that companies around the globe face, a focus reflected in posts such as “Contract Drafting for Dispute Management“, aimed for the transactional lawyer seeking to protect the value of the deal. This blog is written by F. Peter Phillips, a commercial arbitrator and mediator based in New Jersey.
  3. Mediation Matters is published by California lawyer and mediator Steve Mehta, who has translated his experience litigating and mediating complex cases into engaging posts that share his reflections on ADR practice, including this one on his experiences going green to conserve energy at his office.
  4. Cross Collaborate serves as a learning resource for all those involved in shaping or influencing governmental decisions, offering commentary on leading issues and innovative practices. It is published by John Folk-Williams, a practitioner and writer in the field of public policy collaboration and interest-based negotiation. His thoughtfulness as a practitioner is evident in posts like “Power Differences, Consensus Building & Collaborative Networks“.
  5. Disputing: Conversations about Dispute Resolution is a dependable source for news, updates and commentary on the law pertaining to arbitration, with a special focus on Texas demonstrated by posts such as “Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing‘”.

We thank Diane for having included us not only in her blog directory, ADRBlogs.com, but also in “5 New ADR Blogs to Add to Your Reading List.”  We also thank Diane for including our friends Karl Bayer, Victoria VanBuren and Holly Hayes at Disputing, and for featuring the other three excellent blogs listed above.   

For the benefit of readers who may not know Diane, she is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts.  She has instructed people from around the world in the art of negotiation and mediation.  Since 1995 she has assisted clients in resolving tort, employment, business, estate, family, and real property disputes, and has served on numerous mediation panels, including the United States Equal Employment Opportunity Commission (a/k/a “the EEOC”).  She has a passion for training and coaching and has taught thousands of people to resolve conflict, negotiate better, or become mediators – from Croatian judges to Fortune 500 executives.

Characterizing herself  — tongue in cheek — as “a geek at heart,” Diane also consults on web design and social media for professionals.  She writes about issues pertinent to ADR at the intersection of law, science and popular culture at Mediation Channel, which is regarded (deservedly so) as one of the world’s top ADR blogs.  She tracks and catalogues ADR blogs around the world at ADRblogs.com, where she has created a community for bloggers writing about alternative dispute resolution.  

Thanks again, Diane!

The Commercial and Industry Arbitration and Mediation Group is Now 150 Members Strong!

June 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General Comments Off on The Commercial and Industry Arbitration and Mediation Group is Now 150 Members Strong!

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.  At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 150 members.  Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; law students and other students of commercial and industry ADR; and anyone else interested in the subject. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate!

Disputing and The Forum Have Formed a Commercial and Industry Arbitration and Mediation Group on LinkedIn!

May 21st, 2009 General 9 Comments »

On May 19, 2009 Victoria VanBuren, blog master of Disputing, I, and others formed a LinkedIn Group called the Commercial and Industry Arbitration and Mediation Group.  The group is a forum for the discussion of issues and the sharing of information concerning commercial and industry arbitration, mediation and other forms of alternative dispute resolution.  Participation in the Group is an excellent networking and educational opportunity.  As of the time this was posted, the group has 29 members with diverse backgrounds, all of whom are interested in commercial and industry ADR. 

Victoria VanBuren — a talented young ADR and intellectual property attorney, Forum guest blogger, and computer science student  — and I are principally responsible for the day-to-day management of the group.  Victoria’s CV is here.  We have also enlisted the support of the following experienced and talented ADR professionals who also act as Group Managers:   

Don Philbin – Don is a Panelist and Shareholder at Conflict Solutions of Texas, and an adjunct professor at Pepperdine University School of Law’s prestigious Straus Institute on Dispute Resolution. Victoria introduced me to Don recently and I have found that he not only is a pleasure to work with, but also has a wonderful sense of humor. We are quite honored to have someone of Don’s caliber participate as a Group Manager.  Learn more about him here. 

Karl Bayer – Karl is a skilled trial lawyer and Dispute Resolution Expert and is the principal of Karl Bayer Dispute Resolution.  Karl has been a great mentor and role model for Victoria and has an excellent practice. You can learn more about Karl and his practice here.  We are all looking forward to Karl’s active participation in the group after he finishes up with a rather grueling, two-month long trial. 

Robert Bear – Robert (CV here) is the owner of RAB Actuarial Solutions, where he offers his services as a consulting actuary, reinsurance consultant and insurance and reinsurance arbitrator. Before forming RAB, Robert was a Senior Vice President and Chief Actuary at PXRE Group Ltd. Robert brings a lot of experience to bear, including experience in the actuarial field, which is relevant to both insurance and reinsurance dispute resolution.  Indeed, panels of actuaries like Robert are sometimes called upon to resolve actuarial disputes pursuant to commutation clauses in reinsurance contracts, and individual actuaries also serve as members of regular reinsurance arbitration panels resolving less arcane reinsurance disputes.  Once you think you really understand the reinsurance business, go talk to an actuary!

Commercial and industry ADR is a broad topic and covers the spectrum from arbitrations and mediations arising out of general, commercial contracts through more specialized forms of dispute resolution used by various industries, including the reinsurance, maritime, telecommunications, securities, financial services, construction industries and others.  We also consider labor and employment arbitration and mediation to be within this spectrum. 

Topics of group discussion may include, but are not limited to, practice and procedure under the Federal Arbitration Act, the New York Convention, the Panama Convention and state arbitration statutes; recent state and federal case law and legislative developments, including the Arbitration Fairness Act of 2009 and other proposed anti-arbitration legislation; news and events pertinent to commercial and industry ADR; international commercial and industry arbitration; the mediation and arbitration process; class arbitration; domestic and international arbitration and mediation organizations and societies and their rules; arbitration and mediation strategies for parties, arbitrators and mediators; industry-specific arbitration practices and procedures; labor arbitration; employment arbitration and mediation; arbitration and mediation technology; proposals for improvement of the process; arbitrator and mediator ethics; confidentiality; and other issues pertinent to commercial and industry ADR. 

Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR.  The purpose of the group is information sharing and professional networking, not job searching or marketing.  Job postings, if any, should be listed in the Jobs Section (as opposed to the Discussion Section). 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions! 

[Editor’s note:  For a good book on using LinkedIn as a networking tool, read Jan Vermeiren, How to Really Use LinkedIn (Booksurge 2009).  There are also a number of other books on the subject available at Amazon.com or your local bookstore.]

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