"The Arbitration Newsletter" is published periodically by Whitaker Chalk Swindle & Schwartz PLLC, Fort Worth, Texas, to explore the rapidly developing law and practice of commercial arbitration both in the United States and other countries.

John Allen Chalk, Sr., Editor

“The Arbitration Newsletter” Editions

October – 2023

"Watch Your Award Language!"

August – 2023

"CLARITY REGARDING DELEGATION"

July – 2023

"BRISTOL-MYERS SQIBB CO. V. NOVARTIS PHARMA AG"

Sept – 2022

"THE TRANSPORTATION WORKER EXEMPTION"

Aug – 2022

"LOSS OF THE RIGHT TO ARBITRATE CLARIFIED"

July – 2022

"THE FAA AND FEDERAL COURT JURISCDICTION"

April – 2022

"NEW EMPLOYEE ELECTRONIC ONBOARDING and PROCEDURAL UNCONSCIONABILITY"

March – 2022

"THE COMPLEX ARBITRATION AGREEMENT"

Jan – 2022

"KEEP THE MOTION TO CONFIRM SIMPLE"

Dec – 2021

"FAA PREEMPTION - A REFRESHER"

Sept – 2021

"NO TRIAL COURT DISCRETION!"

Aug – 2021

"DELEGATE BOLDLY AND SPECIFICALLY"

June- 2021

"ELECTRONIC RECORDS AND SIGNATURES"

April- 2021

"MOTIONS TO COMPEL IN TEXAS TRIAL COURTS"

March- 2021

CIRCUMSTANCES MAKE A DIFFERENCE

Dec- 2020

SPECULATIVE PARTIALITY

Oct- 2020

YOU CAN’T HAVE YOUR ARBITRATION AND VACATE IT TOO

Sept – 2020

LIMITED VACATUR REVISITED

Aug – 2020

MOTION TO COMPEL DENIED

July – 2020

WHERE DID I SIGN?

June – 2020

NEW YORK CONVENTION

April – 2020

“ARBITRATION OF TEXAS LABOR CODE DISCRIMINATION CLAIMS”

March – 2020

“TO SIGN OR NOT TO SIGN? AND WHY IT MAY NOT MATTER”

Feb – 2020

“WHO DECIDES? TEXAS SUPREME COURT DECISION ON CLASS ARBITRATION”

Sep – 2019

“BEWARE THE CARVE-OUT!”

Aug – 2019

“WHEN IN DOUBT. DISCLOSE

Mar – 2019

“TOO PRIMITIVE TO PARTICIPATE?”

Jan – 2019

“TO COMPEL, OR NOT TO COMPEL: THAT IS THE QUESTION”

Jul – 2018

“SIGN THE ARBITRATION AGREEMENT!”

Apr – 2018

“ONE SMOOTHIE, WITH A SIDE OF ARBITRATION?”

Mar – 2018

“GAMING THE SYSTEM” Does not Substantially Invoke the Judicial Process

Feb – 2018

“FAA PREEMPTION – One Win, One Loss!”

Nov – 2017

“PARKER v. INTERACTIVE BROKERS LLC, 2017 Tex. App. LEXIS 8023”

Jun – 2017

“EVIDENT PARTIALITY IN HAWAI’I”

Mar – 2017

“Form of Substance (What is Imperfect Execution)”

Jan – 2017

“Arbitration Issues At Texas Supreme Court”

Dec – 2016

“Careful Pleadings and Responses: Responding to Issues Beyond Contractual Obligations to Arbitrate may Widen Arbitrator’s Scope of Issues to Resolve”

Oct – 2016

“Arbitration Clauses are Alive and Well in Texas: Equitable Estoppel Ropes Non-Signatories into Arbitration”

Aug – 2016

“Meeting of the Minds Test: The New Darling of the Anti-Arbitration Forces”

Jul – 2016

“Arbitration Presumptions and Due Process”

Jun – 2016

“Only Enumerated Vacatur Grounds for TAA Arbitration Awards”

Apr – 2016

“Be Careful of Amendments to Arbitration Agreement”

Mar – 2016

“The Ritz-Carlton Cases”

Feb – 2016

“Disclosure of Brain Tumor Diagnosis?”

Jan – 2016

“Pre-emption or Consumer Protection?”

Oct – 2015

“Non-Signatories Must Arbitrate”

Jun – 2015

“How to Handle the Non-Paying Arbitration Party Under AAA’s Commercial Arbitration Rules”

May – 2015

“Arbitration, Nursing Homes, and the Business of Insurance”

Apr – 2015

“Nine is a Crowd!”

Mar – 2015

“Broad Scope Arbitration Agreement”

Feb – 2015

“Texas Vacatur for Exceeded Powers”

Jan – 2015

“Waiver of Arbitration Revisited”

Dec – 2014

“State Court Hostility to Arbitration”

Nov – 2014

“More Commentary of F.A.A. Arbitrability”

Oct – 2014

“Class Arbitration is Arbitrability Question”

Sep – 2014

“Texas Supreme Court Warns About the Misuse of Unconscionability Defense”

Aug – 2014

“Arbitration Clause Construction Vacates $26 Million Award”

Jul – 2014
“Collateral Estoppel and Exceeded Powers”

Jun – 2014

“Reasonable Impression of Partiality – Alive and well in Texas for Evident Partiality FFA Vacatur”

May – 2014

“Support for Muscular Arbitrators”

Apr – 2014

“Standard of Review for Interlocutory Appeals of FAA Cases?”

Mar – 2014

Infobilling, Inc. v. Transaction Clearing, LLC

Feb – 2014

“Arbitrator’s Legal Error is not Manifest Disregard”

Jan – 2014

“Manifest Disregard Alive and Well (At Least in the 4th Circuit U.S. Court of Appeals)”

Dec – 2013

“Federal Arbitration Act (“FAA”) Preemption”

Nov – 2013

“Evident Partiality Revisited”

Oct – 2013

“Arbitrator’s Inherent Power to Sanction”

Jun/Jul – 2013

“Judgment Versus Award Interest; State Versus Federal Interest Rates and;  The Merger Doctrine”

May – 2013

“Trust Arbitration Upheld”

Apr – 2013

“Arbitrability Confusion”

Mar – 2013

“Third Circuit Defines Evident Partiality”

Feb – 2013

“Motion to Compel and Waiver”

Jan – 2013

“The Case of the Missing Comma: Arbitrability and the Trial Court”

Nov – 2012

“Arbitrator Disclosures”

Jul – 2012

Amoco D.T. Company et al. v. Occidental Petroleum Corporation, et al.”

Jun – 2012

“Reed v. Florida Metropolitan University, Incorporated (5th Cir. May 18, 2012)”

Apr – 2012

Americo Life, Inc. v. Myer

Nov – 2010

“Arbitration Agreements and Statutes of Limitations”

Oct – 2007

“Arbitrability and Unconscionability of Consumer Arbitration Agreement”

Jan – 2007

“Major Change in Evident Partially Vacatur Standard”

Sep – 2006

“Signed Acknowledgment of Receipt Equals Actual Receipt”

Jun – 2006

“Attack the Arbitration Clause not the Contract as a Whole if You Don’t Want to Go to Arbitration”

 

 

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