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

High Profile San Antonio Trust Dispute Sent to Mediation

By Beth Graham - October 21, 2015

A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation.

Mandatory Arbitration in Consumer Finance and Investor Contracts

By Beth Graham - October 14, 2015

Michael S. Barr, Roy F. and Jean Humphrey Proffitt Professor of Law at the University of Michigan Law School, has published “Mandatory Arbitration in Consumer Finance and Investor Contracts,” New York University Journal of Law and Business, Vol. 11, No. 4, 2015.

Getting to Yes… or No

By Merril Hirsh, FCIArb - October 12, 2015

These days, it is common to hear members of the alternative dispute resolution community point out that the moniker “alternative dispute resolution” is a misnomer. If 90-odd% of cases that are not resolved by motion are going to settle, it is pretty difficult to call settlement the alternative dispute resolution.

CFPB Proposal Would Allow Consumers to Forego Arbitration in Favor of Class Litigation

By Beth Graham - October 8, 2015

The Consumer Financial Protection Bureau (“CFPB”) is reportedly considering implementing new regulations that would stop banks and other financial institutions from requiring consumers to settle disputes through binding arbitration.

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The Impact of Investment Arbitration on Investment Treaty Design: Myth Versus Reality

By Beth Graham - June 4, 2016

Wolfgang Alschner, Post-doctoral Researcher at both the World Trade Institute and the Graduate Institute of International and Development Studies in Geneva, has performed an interesting empirical analysis focused on the impact of investment arbitration on treaty making.