Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Brazil: Courting arbitration: specialised chamber decides first arbitration cases Canada: Stay denied where dispute fell under oral agreement and outside arbitration clause Greece: Appeal court considers law governing objective arbitrability Kenya: Aspects of arbitration proceedings Lithuania: Non-arbitrable public procurement disputes: on the right track? Switzerland: Third parties and arbitration clauses in promissor/promissee contracts Turkey: New code of obligations restricts arbitration in sales with instalment payments UK: Courts can enforce declaratory arbitral award Mexico: Can a government agency unilaterally nullify an arbitration agreement? UK: Courts can enforce declaratory arbitral award Canada: Ontario courts consider jurisdiction of NAFTA tribunals France: Supreme Court reiterates autonomy of the international arbitral legal order Technorati Tags: law, ADR, arbitration
Continue reading...A team from South Texas College of Law has won the this year’s ICC International Commercial Mediation Competition in Paris, on February 8, 2012. A total of 66 teams from 32 countries participated in the competition, which included teams from Brazil, Singapore, the U.S., and Australia. Find the ICC press release here. Join us in congratulating the South Texas College of Law team!
Continue reading...As NPR reports, the Court of Arbitration for Sport (“CAS” ) suspended Spanish cyclist Alberto Contador after rejecting his claim hat his positive test for clenbuterol was caused by eating contaminated meat while winning his third Tour de France title. Find the NPR article here and our previous post about this case here.
Continue reading...The Medina Valley Independent School District (“ISD”) reached a mediated settlement agreement (“MSA”) with an agnostic family that argued that traditions at the Medina Valley ISD excluded their son’s beliefs. See Schultz v. Medina Valley Indep. Sch. Dist. No. SA-11-CA-422-FB, 2011 U.S. Dist. LEXIS 126969 (W.D. Tex. Nov. 2, 2011). The issue in the case was whether the Constitution allows for a governmental body (the Medina Valley ISD) to promote and use tax dollars for the establishment of particular religious beliefs. Both sides invoked the First Amendment to the U.S. Constitution. U.S. District Judge Fred Biery approved the MSA on February 9, 2012. Under the MSA, the Medina Valley ISD won’t officially make prayer part of graduation ceremonies. The MSA does not, however, prohibit valedictorians or other student speakers from praying. Those moments must be introduced as “student remarks.” The MSA was accompanied by a personal statement by Judge Biery in which he thanks the U.S. Marshal Service and local police for their heightened security during the course of the case. Judge Biery also said that he forgives “those Christians who have venomously and vomitously cursed the Court family and threatened bodily harm and assassination.” The MSA Order can be downloaded here. Appendix I (the MSA) is here and Appendix II (Separation of Church and State) is here.
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.