Karl Bayer's Disputing Blog

We’re Back!!!!
Well, it’s been a while since we published and that is about to change. Since I spent much of last year becoming
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

Third Circuit Rules Delaware Arbitration Program is Unconstitutional

By Beth Graham - October 23, 2013

Today, a panel for the United States Third Circuit Court of Appeals held that business arbitrations conducted behind closed doors by members of Delaware’s Chancery Court are unconstitutional.

Court-Approved Mediation Used to Assist Fungal Meningitis Victims

By Beth Graham - October 21, 2013

The crossroads between healthcare and mediation is in the news again.

ABA’s Planned Early Dispute Resolution Task Force Publishes User Guide

By Beth Graham - October 18, 2013

The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned Early Dispute Resolution designed to assist businesses with effectively managing disputes as quickly as possible after they arise.

Dallas Appeals Court Refuses to Compel Arbitration Using Equitable Estoppel

By Beth Graham - October 17, 2013

The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel.

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THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART III

By Renee Kolar - April 7, 2014

As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner: