Wishing A Happy Holiday To All The Readers Of California Mediation And Arbitration
2012. Carol M. Highsmith Collection. Library of Congress.
Category: Miscellaneous
Arbitration/Miscellaneous/MFAA: California State Bar Offers Arbitration Advisories Under Auspices Of The Committee On Mandatory Fee Arbitration
Useful Resource for Mandatory Fee Arbitration The California State Bar offers a useful collection of “Arbitration Advisories” that I wanted to share with my readers. These advisories come with the following disclaimer: “Points of view or opinions expressed in this document are those of the Committee on Mandatory Fee Arbitration. They have […]
Happy Holidays !
And best wishes to my readers for 2013 Ernst Haeckel. Ascidiae. Kunstformen der Natur (1904).
Mediation: Ninth Circuit Rules That Indian Tribe Does Not Waive Tribe’s Sovereign Immunity By Agreeing To Mediate Cigarette Tax Contract Dispute
Agreement Providing To Mediate Did Not Satisfy Burden of Showing Clear Intent of Tribe to Waive Immunity Our next case, involving tribal sovereign immunity, does not fit into one of our convenient sidebar categories. Miller v. Wright, Case No. 11-35850 (9th Cir. Nov. 13, 2012) (Rawlinson, J.) (published). In Miller, a panel of the […]
Arbitration: Department of Corrections
“Anonymous Attorney” is Not Anonymous In a March 18, 2012 post, we spoke of “the sheer ingenuity of the anonymous attorney who drafted the arbitration clause at issue” in AT&T Mobility v. Concepcion. After poking around the web a bit, we learned that the “anonymous attorney” is actually Archis Parasharami, a partner at Mayer […]
Arbitration: Midwife of AT&T Mobility v. Concepcion Very Fond of Case He Delivered
In a May 28, 2012 opinion piece in the National Law Journal, Andrew J. Pincus saw the precedent he had made, and, behold, it was very good. (Cf. Gen. 1:31 King James Version). Mr. Pincus is the attorney at Mayer Brown heralded for arguing and winning Concepcion before the Supreme Court in 2011. He […]
California Mediation and Arbitration Has Been Added To The American Bar Association Journal’s Blawg Directory
“All About California Mediation And Arbitration” We are pleased to inform our readers that as of May 23, 2012, California Mediation and Arbitration has been added to the ABA Journal’s blawg directory under the category “Alternative Dispute Resolution”. We thank Sarah Randag, Web Editor of the ABA Journal, for informing us.
Miscellaneous: Is Bracketing Dead?
Maybe Not, But Mediator Proposes Other Strategies Mediator Robert Mann has an interesting article in the April 27, 2012 edition of the Los Angeles Daily Journal, under the heading, “Is bracketing dead? New strategies for mediation.” (Verdicts and Settlements section, p. 2). “Bracketing” is the “dance of negotiation.” Each side comes back repeatedly […]
One Hundred Years Ago: 1912 Nobel Peace Prize Goes To Elihu Root For Work In International Arbitration and Cooperation
Elihu Root Negotiated Some 40 International Arbitration Treaties Elihu Root (1845-1937) was awarded the 1912 Nobel Peace Prize for his work in negotiating some 40 reciprocal international arbitration treaties and in promoting international cooperation. Root was a prototype for the twentieth-century “wise man” – enormously successful as a private attorney, he also accepted appointments […]
Miscellaneous: “Stuck in Arbitration” – Op-Ed Contribution of Prof. Amalia Kessler in the New York Times
Historical Perspective for the Privatization of Dispute Resolution Last night we posted on Kilgore v. KeyBank, a March 7, 2012 Ninth Circuit opinion concerning the enforcement of an arbitration clause. Kilgore is part of the post-Concepcion trend (more like a juggernaut) to apply the Federal Arbitration Act and the Supremacy Clause so as to […]