[Ed. note: see new commentary on the Act here] Following up on my post of yesterday and to continue with our tradition to explore both sides of the issue, we would like to share with you this study on arbitration published by Public Citizen. Related links: Fair Arbitration Now Public Citizen Calls for 12 State to Investigate Insurers’ Use of Questionable Arbitration Firm Thanks to Cindy Schnackel, from Homeowners Against Deficient Dwellings for sending us the information. On a related note, we would like to welcome Professor Jill Gross, who has joined Indisputability as a guest blogger for the next few weeks. Her first post (here) is about consumer arbitration clauses. Technorati tags: arbitration, ADR, law, Payday Loan Reform Act of 2009, Fairness in Nursing Home Arbitration Act of 2009, Employee Free Choice Act of 2009, April 29,

[Ed. note: see follow up post here and new commentary on the Act here] As H.R. 1020 (“Arbitration Fairness Act of 2009″) blogged here moves through Congress, supporters of the bill prepare to hold a press conference in Washington D.C. on April 29, 2009 to lobby to end prospective arbitration in contracts between businesses and consumers, employees, homeowners, and franchise holders. Find the status of the bill here. Hat tip to Philip J. Loree Jr., Loree Reinsurance and Arbitration Law Forum and Don Philbin. Past Coverage: Court Affirms Arbitration Panel’s Order to Reinstate In-House Attorney in Employment Discrimination Case (April 17, 2009) US Bill Would Limit Consumer Arbitration (April 8, 2009 ) Arbitration Empirical Studies (March 24, 2009) Federal Legislation on Arbitration (Feb. 24, 2009) Related Posts: Fair Arbitration Coalition, Website & Blog Announced, Consumer Law and Policy Blog, April 21. Study Looks at AAA Consumer Arbitration, National Arbitration Law Forum, March 24. Technorati Tags: arbitration, ADR, law, Payday Loan Reform Act of 2009, Fairness in Nursing Home Arbitration Act of 2009, Employee Free Choice Act of 2009,

Last week, the Supreme Court of Texas decided In re Gulf Exploration, LLC, No. 07-0055 (Tex. Apr. 17, 2009). The issue was whether mandamus review of orders compelling arbitration should be entirely precluded. Thanks to Don Philbin for bringing this case to our attention. First, the court noted the narrow exception articulated by the Fifth Circuit in Apache Bohai v. Texaco China, that mandamus might be available if an applicant can show “clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitration.” Then, it reasoned that reviewing all orders to see if they comply with the exception would frustrate Congressional intent to “move the parties .. out of court and into arbitration as quickly as possible.” The court concluded that mandamus relief was not available in this case, and directed the court of appeals to vacate its judgment and order the trial court to reinstate the order compelling arbitration. See also: Texas Supreme Court Sends Parties to Arbitration in JOA Dispute, by Natalie Barletta, The Energy Law Blog. Technorati Tags: arbitration, ADR, law, mandamus review

Last week, the Fifth Circuit decided Geraldine Nicholas v. KBR, Inc., No. 08-20140, (5th Cir. Mar. 15, 2009). The court affirmed the district court’s ruling denying Nicholas’ motion to compel arbitration of her contract dispute with KBR. Nicholas waived her right to arbitrate (pursuant to an arbitration clause) because she substantially invoked the judicial process to the prejudice of KBR. The court applied a two-prong test: Did Nicholas substantially invoke the judicial process? Was KBR prejudiced? The court based its holding on the following facts: Nicholas filed a lawsuit against KBR, engaged in substantial litigation activity, and waited 10 months to assert her right to arbitrate. The court found that KBR would be prejudiced by delay, expenses, and damage to its legal position. Technorati Tags: arbitration, ADR, law, KBR,