Preliminary Proceedings - Part 1, Chapter 5 - AAA Yearbook on Arbitration and the Law - 23rd Edition
About the Editors:
Stephen K. Huber is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). He has degrees in law from the University of Chicago and Yale University, and a B.A. from Earlham College.
Professor Huber's teaching and scholarly interest have centered on business and commerce (Contracts), and the regulation thereof (Administrative Law, Regulation of Financial Intermediaries). Over the last decade, his writings have focused on private binding dispute resolution proceedings (Arbitration). Teaching materials include: Stephen K. Huber & Maureen A. Weston, Arbitration: Cases and Materials (3d ed. LexisNexis 2011); Wendy Trachte-Huber & Stephen K. Huber, Mediation and Negotiation: Reaching Agreement in Law and Business (2d ed. LexisNexis 2007). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.
Ben H. Sheppard, Jr. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a partner and co-chair of the firm's international dispute resolution practice. His practice focused on litigation and arbitration, both as counsel and as arbitrator. He has served in international and domestic arbitrations as sole arbitrator, tribunal chair, party-appointed arbitrator and on tripartite tribunals selected from institutional rosters.
He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He is co-editor, with Lawrence W. Newman, and a contributing author to Take the Witness: Cross-Examination in International Arbitration (Juris 2010).
He graduated with high honors from the University of Texas School of Law in 1968, and was law clerk to the Honorable Homer Thornberry, United States Court of Appeals for the Fifth Circuit from 1968 to 1969.
Originally from: AAA Yearbook on Arbitration and the Law - 23rd Edition
5.01 Interim Relief by the Court
Next Step Med. Co. v. Johnson & Johnson Int’l, 2010 WL 3386569, ---F.3d--- (1st Cir. 2010)
1. Where the court issues an order of arbitration and all of the parties’ claims are arbitrable, the district court may properly dismiss the case “with prejudice.”
2. Where the court issues an order of arbitration, the district judge may accept, without reviewing the merits, a magistrate judge’s recommended denial of preliminary injunctive relief when the parties have given the arbitrator the power to issue such relief in arbitration.
Johnson & Johnson (JJI) terminated an exclusive distribution agreement with Next Step. Next Step sought a preliminary injunction to require JJI to continue operations under the agreement, and Next Step’s president, Davila, sought damages in tort for pain and suffering caused by the contract dispute. The federal magistrate judge recommended that the preliminary injunction be denied. JJI then moved to compel arbitration of Next Step’s claims, in accordance with the distribution agreement’s arbitration provision, and to dismiss Davila’s tort claim without prejudice. The magistrate judge granted JJI’s motion to compel, and the district court dismissed all of Next Step’s claims with prejudice.
Chapter 5
Preliminary Proceedings
5.01 Interim Relief by the Court
5.02 Arbitral Subpoenas and Pre-hearing Discovery
5.03 Arbitral Stays of Parallel Litigation and Judicial Stays of Arbitral Proceedings