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

Houston COA Overturns Order Denying Arbitration in Construction Dispute

By Beth Graham - March 13, 2015

Texas’ 14th District Court of Appeals in Houston has reversed a district court’s order denying arbitration in a construction dispute.

Texas Supreme Court Holds FAA Preempts Texas Law in Nursing Home Dispute

By Beth Graham - March 10, 2015

On Friday, the Supreme Court of Texas ruled that Section 74.451 of the Texas Civil Practices and Remedies Code was preempted by the Federal Arbitration Act (“FAA”).

Amarillo COA Overturns Order Holding Arbitration Provision is Unconscionable in Cotton Marketing Pool Dispute

By Beth Graham - March 6, 2015

Texas’ Seventh District Court of Appeals in Amarillo has overturned a Cochran County court’s order refusing to compel a cotton-marketing dispute to arbitration. In Ecom USA, Inc. v. Clark, No. 07-14-00240-CV (February 25, 2015), a group of cotton farmers agreed to deliver any crops grown in 2010 and 2011 to a marketing pool that was owned and administered by Ecom USA, Inc.

Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws

By Beth Graham - March 5, 2015

Ann M. Lipton, Visiting Assistant Professor of Law at Duke University School of Law has published “Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws,” 104 Georgetown Law Journal __, Forthcoming.

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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.