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Documents on alternative dispute resolution
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|Brexit Myth-Busting: A Brief Analysis for Business|
M. Ridgway Barker, David Guin, Anthony Indaimo, Denis Petkovic, Chris Priestley; Withers Bergman LLP;
July 29, 2016, previously published on July 13, 2016The lead up to the UK's referendum on EU membership was characterised by contradictory claims and resulted in widespread confusion amongst businesses. This has continued post-vote, with even more political indecision, which is frustrating for clients trying to process the results of the referendum...
|Mediation is Not Like Vegas|
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on June 2016While many believe the Las Vegas rule - what happens here, stays here - is a good rule, some lawyers and parties in mediation may think the same rule applies to what happens at mediation. Not exactly.
|Indirect Causation Accepted by Australian Court in Shareholder Claim|
John Emmerig, Michael Legg; Jones Day;
July 22, 2016, previously published on July 2016The plaintiffs acquired HIH shares between 26 October 1998 and 15 March 2001. The plaintiffs contended, and the defendants admitted, that HIH had released misleading and deceptive financial results during this period.
|Singapore International Arbitration Centre Releases Sixth Edition of Arbitration Rules|
Duane Morris LLP;
July 21, 2016, previously published on July 7, 2016The Singapore International Arbitration Centre (“SIAC”) has released the sixth edition of its Arbitration Rules (“SIAC Rules 2016”), which will be effective on 1 August 2016.
|Ontario Court of Appeal Upholds Law Society's Decision to Deny Accreditation to Trinity Western University|
Nadia Effendi, Heather Pessione; Borden Ladner Gervais LLP;
July 14, 2016, previously published on June 30, 2016Trinity Western University v. Law Society of Upper Canada, 2016 ONCA 518
|Brexit: What Does it Mean for Canada?|
Jennifer Radford, Gregory A. Tereposky; Borden Ladner Gervais LLP;
July 7, 2016, previously published on June 24, 2016On June 23, 2016, a much anticipated historic referendum took place on whether the United Kingdom (UK) should leave or remain in the European Union (EU). The leave side won, by a margin of 52% to 48%. The referendum turnout was 71.8%, with more than 30 million people voting. It was the highest...
|Third Party Funding in Arbitration|
Hugh A. Meighen, Ira Nishisato; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 13, 2016Third party funding (TPF) is an arrangement whereby a party (the funder), which typically has no prior interest in a dispute, will fund the legal costs of a claimant, usually on the basis that the funder will only be paid out of the proceeds of any amounts recovered following a successful outcome...
|The Demand Approach: Fifth Circuit Clarifies That Arbitration Demand, Not Award, Determines Amount in Controversy|
John H. Dollarhide; Butler Snow LLP;
June 20, 2016, previously published on June 8, 2016In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in arbitration determined whether the $75,000 amount-in-controversy threshold was met...
|Arbitration Agreements: Make Your Own Rules of Civil Procedure|
Kevin C. Baltz; Butler Snow LLP;
June 20, 2016, previously published on May 24, 2016Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly perceived perks of expediency and value) is a party’s ability to...
|2 Recent Nursing Home Arbitration Cases|
Christopher B. Hopkins; McDonald Hopkins LLC;
June 2, 2016, previously published on May 11, 2016The Second and Fifth District Courts of Appeal simultaneously issued two opinions regarding arbitration enforcement in the nursing home context and, in one case, the Fifth DCA certified an issue to the Florida Supreme Court as one of “great public importance.” The nursing home setting...