The United States Court of Appeals for the Fifth Circuit has refused to compel arbitration in a contract dispute over annuity payments. In Saucier v. Aviva Life and Annuity Co., No. 13-60854 (5th Cir., October 29, 2014), a man, Saucier, agreed to accept a structured settlement for certain personal injury claims in 1990. As part of the settlement, Saucier received periodic annuity payments from Aviva Life and Annuity Company.
Continue reading...In Part One of this series, Disputing highlighted a portion of Pepperdine University School of Law Professor Thomas Stipanowich’s research paper entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals.” In the article, along with its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich, Professor Stipanowich examines the results of a recent survey of 134 members of the College of Commercial Arbitrators regarding a variety of aspects of commercial arbitration practice in the U.S. and in international disputes.
Continue reading...Professor Thomas Stipanowich recently completed a landmark survey regarding the evolution of commercial arbitration in both U.S. and international business disputes. The results of the wide-ranging survey are examined more fully in two forthcoming scholarly articles.
Continue reading...Disputing is pleased to announce a series exploring the findings of Pepperdine University School of Law Professor Thomas Stipanowich in his notably significant research paper, “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals,” and its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Zachary Ulrich.
Continue reading...Texas’ Fourth Court of Appeals in San Antonio has affirmed a trial court’s order confirming an arbitrator’s award in a work injury dispute. In Saiz v. Susser Holdings Corp. and Stripes LLC, No. 04-14-00487-CV (Tex. App. – San Antonio, March 11, 2015), a worker, Saiz, was injured in a 2010 workplace accident. At the time, her employer, Susser Holdings Corp. and Stripes LLC (‘the Companies”), did not carry workers’ compensation insurance under the Texas Workers’ Compensation Act.
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.