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

Creating and Reinforcing Due Process Norms Through the Procedural Laboratory of Arbitration

By Beth Graham - July 6, 2015

Imre S. Szalai, Associate Professor of Law at the Loyola University New Orleans College of Law has written “A Constitutional Right to Discovery? Creating and Reinforcing Due Process Norms Through the Procedural Laboratory of Arbitration,” Pepperdine Dispute Resolution Law Journal, Forthcoming.

Dallas COA Holds Trial Court Abused Discretion When it Denied Discovery Regarding Arbitrator’s Purported Evident Partiality

By Beth Graham - July 2, 2015

Texas’ Fifth District Court of Appeals in Dallas has ruled that a trial court abused its discretion when it refused to allow a party to a lawsuit to engage in discovery over an arbitrator’s purported evident partiality.

Special Masters: How To Make the Best of Both Worlds, Part XV

By Merril Hirsh, James Rhodes & Karl Bayer - July 2, 2015

In Part Fourteen, we discussed a program in California state courts that makes regular use of special masters in construction cases. So who else is making regular use of alternate dispute resolution talent?

Introducing the ‘New Handshake’ to Expand Remedies and Revive Responsibility in ECommerce

By Beth Graham - July 1, 2015

Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored “Introducing the ‘New Handshake’ to Expand Remedies and Revive Responsibility in Ecommerce,” 26 University of St. Thomas Law Review 522-550 (2014); U of Colorado Law Legal Studies Research Paper No. 15-7.

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NLRB Orders California Grocery Chain to Revise Arbitration Agreement Banning Workers From Maintaining Class Actions

By Beth Graham - March 21, 2016

The National Labor Relations Board (“NLRB”) has once again ordered an employer to stop “[m]aintaining and/or enforcing a mandatory arbitration policy that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums, whether arbitral or judicial.”