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Articles on alternative dispute resolution
Articles on alternative dispute resolution
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![]() | "What Exactly Is Arbitration?"
Ryan P. Smith; The Law Office of Ryan P. Smith, PLC; November 6, 2009, previously published by on Fall 2009 One of the items Congress is reviewing as it considers reforming financial regulation is the mandatory use of arbitration to resolve investors' disputes with financial advisors and brokerage firms. Of course, this can raise important concerns for investors: What exactly is arbitration? What rights... |
![]() | An End to Arbitration Agreements with Thai Government Entities?
Apichart Phankeasorn, James Rix, Piyaporn Thongsombat; Mayer Brown JSM (Thailand) Limited; November 5, 2009, previously published on October 29, 2009 On 28 July 2009, the Thai Cabinet resolved that any contract entered into between the government and a private Thai or foreign entity should not include an arbitration clause. |
![]() | Anti-Arbitration Amendment for Federal Contractors Passes Senate Proskauer Rose LLP; October 28, 2009, previously published on October 2009 On October 6, 2009, the U.S. Senate adopted an amendment to the 2010 Defense Appropriations bill which will preclude any federal contractors receiving funding under the defense appropriation from requiring binding pre-dispute arbitration as a condition of employment...Since the House of... |
![]() | Dispute Management, Resolution & Agreement - Reaching Mechanisms November 7, 2009 In an article published in a Canadian entertainment newspaper, I examined the principal advantages and disadvantages of using traditional private commercial arbitration as an alternate method (that is, rather than court litigation) of dispute resolution in the Canadian entertainment industry...In... |
![]() | Appeal of Arbitral Awards and Court Judgements November 7, 2009 In the process known as "Arb-Med", after conducting the arbitration hearing, the arbitrator signs and seals his/her award, but does not deliver it. The arbitrator, or another neutral, then acts as mediator. If mediation succeeds, this award is not delivered, whereas if mediation fails,... |
![]() | IRS Updates Procedures for Appeals Mediation Program Alexander Zakupowsky, Lori B. Wittlin, Peter W. Poulos, Susan Richardson; Winston & Strawn LLP; October 26, 2009, previously published on October 2009 By issuing Revenue Procedure 2009-44, the (Internal Revenue) Service is reminding taxpayers of the Appeals alternative dispute resolution programs. Given that the Appeals mediation process is non-binding, involves minimal additional costs and time, and provides taxpayers with the opportunity to... |
![]() | District Required To Submit To Arbitration in Dispute with Union Over Charter School Conversion Diana D. Halpenny; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation; October 26, 2009, previously published on October 8, 2009 In United Teachers Los Angeles v. Los Angeles Unified School District, (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., September 17, 2009), a California Court of Appeal considered whether a school district could be compelled to arbitrate a union's grievance that arose from the school district's approval... |
![]() | Lehman Alternative Dispute Resolution Procedures: A Path to Swap Monetization? Stephen E. Weyl; Hinckley, Allen & Snyder LLP; October 17, 2009, previously published on October 2009 On September 17, 2009 the United States Bankruptcy Court overseeing the Lehman Brothers bankruptcy proceedings entered an order (the "Order") establishing alternative dispute resolution ("ADR") procedures for certain derivative contracts. The Order affects counterparties who... |
![]() | Alexander v. Wells Fargo Financial Ohio 1, Inc. November 7, 2009, previously published on October 12, 2009 In June of 2009, the Ohio Supreme Court, in the case of Alexander v. Wells Fargo Financial Ohio 1, Inc., held that a borrower's claim against a lender for failing to record satisfaction of the borrower's debt within the legal deadline is subject to the agreement between the parties that they will... |
![]() | The Recent Assault on Consumer Arbitration Clauses Anna S. McLean, Molly Newland; Sheppard, Mullin, Richter & Hampton LLP; October 16, 2009, previously published on October 2, 2009 After years of growth, the Federal Arbitration Act ("FAA"), and numerous court decisions emphasizing the strong public policy in favor of arbitration as a cost-effective means of resolving disputes, arbitration now appears to be under siege--particularly in the consumer context...Now... |







