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

Individuals, Groups and Intergroups: Theorizing About the Role of Identity in Conflict and its Creative Engagement

By Beth Graham - June 13, 2013

Professors Jay Rothman and Michal Alberstein of the Conflict Management, Resolution and Negotiation Program at Bar Ilan University recently authored a thoughtful article entitled, Individuals, Groups and Intergroups: Theorizing About the Role of Identity in Conflict and its Creative Engagement, Ohio State Journal on Dispute Resolution, Forthcoming.

U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty

By Beth Graham - June 12, 2013

On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138.

Supreme Court Upholds Class Arbitration Decision in Sutter

By Beth Graham - June 11, 2013

Yesterday, the United States Supreme Court unanimously held that a court must accept an arbitrator’s decision to allow or disallow class arbitration based upon the terms of the disputing parties’ agreement. In Oxford Health Plans LLC v. Sutter, No. 12-135 (June 10, 2013), a group of physicians sued a healthcare insurer, Oxford Health Plans, over a number of medical payments in New Jersey state court.

Part Three: Thoughts on the Constitutionality of the Delaware Arbitration Program

By Karl Bayer - June 10, 2013

This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.

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ND Texas Compels Would-Be FLSA Class Action to Arbitration

By Beth Graham - September 25, 2013

The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration.