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Video Interviews

Video Conference Interviews

This page features links to several video interviews that the International Institute for Conflict Prevention and Resolution (“CPR”) conducted of Loree Law Firm principal Philip J. Loree Jr., and our good friends, arbitrator, former trial judge, and fellow arbitration-law practitioner, Richard D. Faulkner, and Professor Angela Downes, Assistant Director of Experiential Education and Professor of Practice Law at the University of North Texas-Dallas College of Law. The interviews concern various controversial arbitration issues pertaining to matters the U.S. Supreme Court has been asked to hear, will hear, or has heard. Our good friend Russ Bleemer, Editor of CPR’s newsletter, Alternatives to the High Cost of Litigation, CPR’s international ADR newsletter published by John Wiley & Sons, Inc., conducted the interviews.

Links to each of these video conference interviews, and accompanying Arbitration Law Forum blog posts, are below. Many of the links to the interviews also provide access to CPR Speaks blog posts about the topics.

  1. November 23, 2021 | Foreign Arbitration Proceedings | Federal Subject Matter Jurisdiction: CPR interviews Loree, Professor Downes, and Faulkner about three hot arbitration-law topics pending before SCOTUS: (a) the Court’s grant of certiorari in Morgan v. Sundance Inc. 21-328, in which the Court will determine whether participating in litigation of an arbitrable dispute can establish waiver without the arbitration challenger showing prejudice; (b) the Court’s grant of certiorari in two cases arising under 28 U.S.C. § 1782, which will determine whether a foreign arbitration panel is a  “foreign or international tribunal” to which a U.S. Court can provide assistances by ordering discovery in the U.S.; and (c) the Court’s oral argument in Badgerow v. WaltersNo. 20-1143, which concerns the issue of whether the district court had federal subject matter jurisdiction to confirm or vacate an award based on whether the underlying, arbitrated dispute would, if brought in court, fall under the court’s federal question jurisdiction. To watch and listen to the video conference interview, CLICK HERE. Read the Arbitration Law Forum post here.
  2. January 25, 2021 | Schein II | Arbitrability | Delegation Agreements | Incorporation by Reference of Arbitration Provider Rules | SCOTUS Order Dismissing Certiorari as Improvidently Granted: CPR interviews Loree, Professor Downes, and Faulkner about the January 25, 2021 SCOTUS Order dismissing Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963, and a same-day order declining to hear Piersing v. Domino’s Pizza Franchising LLC, 20-695. To watch and listen to the video conference interview, CLICK HERE.
  3. December 9, 2020 | Schein II | Arbitrability | Delegation Agreements | Incorporation by Reference of Arbitration Provider Rules | SCOTUS Oral Argument: CPR interviews, Loree, Professor Downes, and Faulkner about the December 8, 2020 SCOTUS Oral argument in Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963 (SCOTUS case page is at https://bit.ly/2EvKPx3). To watch and listen to the video conference interview, CLICK HERE.
  4. December 3, 2020 | Schein II | Arbitrability | Delegation Agreements | Upcoming SCOTUS Oral Argument: CPR interviews Loree, Professor Downes, and Faulkner about the then upcoming December 8, 2020 SCOTUS oral argument in Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963 (SCOTUS case page is at https://bit.ly/2EvKPx3). To watch and listen to the video conference interview, CLICK HERE.
  5. June 29, 2020 | Award Vacated | Evident Partiality: CPR interviews Loree and Faulkner about SCOTUS’s denial of certiorari in the Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019) evident partiality case. To watch and listen to the video conference interview, CLICK HERE. Read the Arbitration Law Forum post here.
  6. June 15, 2020 | Arbitrability | Delegation Agreements:  CPR interviews Loree and Faulkner about SCOTUS’s grant of certiorari in the Henry Schein Inc. v. Archer and White Sales Inc. case. To watch and listen to the video conference interview, CLICK HERE. Read the Arbitration Law Forum post here.
  7. June 9, 2020 | Federal Arbitration Act Section 2 | Unconscionability | Federal Arbitration Act Preemption of State Law: CPR interviews Loree and Faulkner about SCOTUS’s denial of certiorari in OTO LLC v. Kho, a controversial decision of the California Supreme Court, which held that an arbitration agreement was, in the circumstances, unconscionable to the extent that it purported to require an employee to arbitrate wage claims. To watch and listen to the video conference interview, CLICK HERE. Read the Arbitration Law Forum post here.
  8. June 1, 2020 | Convention on the Recognition and Enforcement of Foreign Arbitral Awards | Arbitrability | Nonsignatories: CPR interviews Loree and Faulkner about the U.S. Supreme Court’s 9-0 decision in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC. In an opinion authored by Associate Justice Clarence Thomas the Court held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards did not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories. Associate Justice Sonia M. Sotomayor wrote a concurring opinion. To watch and listen to the video conference interview, CLICK HERE. Read the Arbitration Law Forum post here.
  9. May 20, 2020 | Delegation Agreements | Incorporation-by-Reference of Provider Rules: CPR interviews Loree and Faulkner about a two-part article they wrote about the parties’ petition and cross-petition for certiorari in the Henry Schein Inc. v. Archer and White Sales Inc. case. To watch and listen to the video conference interview, CLICK HERE. Read the Arbitration Law Forum post here.