Karl Bayer's Disputing Blog

JAMS Welcomes Karl Bayer to its Panel of Neutrals
JAMS, the world’s largest private alternative dispute resolution (ADR) provider, is pleased to announce that Karl Bayer
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Ac
Picking the Proper Technological Tool for Problem-Solving in Arbitration
Professor Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Chair in Law and Co-Director of the Translational Data An
SCOTUS to Resolve Circuit Split Over Transportation Worker Exemption in the FAA
Today marks the start of the United States Supreme Court’s new term. During the term, the nation’s highest court will re

SCOTX Declines to Review Order Compelling Arbitration in Real Estate Dispute

By Beth Graham - February 3, 2016

The Supreme Court of Texas has declined to review a case where a foreign real estate investor was ordered to arbitrate its claims against a law firm that allegedly helped a partner secure a secret loan.

NLRB Continues to Rule that Class Arbitration Waivers Violate the NLRA

By Beth Graham - February 2, 2016

In December, the National Labor Relations Board (“NLRB”) continued its recent trend of issuing decisions that state class action arbitration waivers included in employment agreements violate a worker’s federal rights despite recent contrary appellate court rulings.

Fairness, Trust, and Security in Online Dispute Resolution

By Beth Graham - February 1, 2016

Noam Ebner, Assistant Professor and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “Fairness, Trust, and Security in Online Dispute Resolution,” Hamline Journal of Public Law and Policy, Vol. 36, No. 2, 2015.

Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality

By Beth Graham - January 26, 2016

The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.

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Fifth Circuit Again Rejects NLRB’s Position on Class Action Waivers in Arbitral Agreements

By Beth Graham - August 19, 2016

The United States Court of Appeals for the Fifth Circuit has once again rejected a National Labor Relations Board’s (“NLRB”) order stating a class action waiver included in an agreement to arbitrate violates the National Labor Relations Act (NLRA).