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Documents on alternative dispute resolution
 

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HTMLArbitration Clause Enforceable Despite Inconvenient Forum Argument
Preti Flaherty Beliveau Pachios LLP;
Legal Alert/Article
December 19, 2014, previously published on October 20, 2014
The United States District Court for the Western District of Kentucky, in Weddle Enters. V. Terviicos-Soletanche, J.V., 2014 U.S. Dist. LEXIS 146812 (WD. Ky. Oct. 15, 2014), recently held that an arbitration clause in a contract between a Massachusetts-based general contractor, and a Kentucky-based...

 

HTMLWhat Next for KTB Investors?
Rona C. MacRae, Lucas J. Moore, Harriet Territt, Sylvia Tonova, Baiju S. Vasani; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
As the sun set on Thursday 6 November 2014, so too disappeared the last rays of hope for Corporate Commercial Bank ("KTB"). One of Bulgaria's smallest banks in the early 2000s, KTB has since expanded rapidly to become its fourth largest lender, only to have its licence withdrawn. The...

 

HTMLEU Turns Up the Heat on Google
Caroline Thompson; Withers Bergman LLP;
Legal Alert/Article
December 12, 2014, previously published on December 2, 2014
Following the ECJ’s controversial ruling in Google Spain, the world’s favourite search engine has had a tough time in seeking to tread the line between respecting the judgment while maintaining its free speech agenda. Google has, to date, had somewhat of a free rein in deciding...

 

HTMLLondon Court of International Arbitration Issues New Procedural Rules
Thomas R. Snider; Greenberg Traurig, LLP;
Legal Alert/Article
December 10, 2014, previously published on October 7, 2014
Following a trend among the leading international arbitral institutions of making rule changes to reflect the latest developments in international arbitral practice and procedure, the London Court of International Arbitration (LCIA), one of the world’s leading international arbitral...

 

HTMLChad and China’s CNPC Reach Settlement on Alleged Environmental Damages
Thomas R. Snider; Greenberg Traurig, LLP;
Legal Alert/Article
December 10, 2014, previously published on November 14, 2014
The Republic of Chad and the China National Petroleum Corporation (CNPC) reportedly reached a settlement in a dispute involving environmental damages allegedly caused by the dumping of excess crude oil by CNPC in Chad. Under the agreement, CNPC agreed to pay Chad US$400 million to settle the...

 

HTMLNew Supplementary Rules for Fixed Time and Cost Construction Arbitration have been developed by the American Arbitration Association
Babst Calland;
Legal Alert/Article
December 10, 2014, previously published on October 27, 2014
Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and expertise, and (2) viewed...

 

HTMLThe Competition & Markets Authority Imposes Changes to the UK’s Audit Market with Significant Implications for FTSE 350 Companies
Simon Harms; Greenberg Traurig Maher LLP;
Legal Alert/Article
December 10, 2014, previously published on October 7, 2014
On 26 September 2014, the Competition & Markets Authority (“CMA”) issued its final order implementing changes to the UK’s statutory audit market (the “Final Order”). By way of background, this action represents the final step in a process which commenced in March...

 

HTMLOSC Publishes Rules Regarding Disclosure of the Number of Women on Boards and in Senior Management
Borden Ladner Gervais LLP;
Legal Alert/Article
December 5, 2014, previously published on November 19, 2014
The OSC, along with the securities regulatory authorities in Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Québec and Saskatchewan, all announced the final implementation of amendments to National Instrument 58-101 Disclosure of Corporate...

 

HTMLPermission to Serve Winding-Up Petitions out of Jurisdiction on Unregistered Foreign Companies: Principles Clarified
Justine T. K. Lau, Edmund M. S. Ma, Richard M. Tollan; Mayer Brown JSM;
Legal Alert/Article
December 5, 2014, previously published on November 14, 2014
Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission (“leave”) of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside...

 

HTMLErnst & Young and OSC Agree to No-Contest $8 Million Settlement over Sino-Forest and Zungui
Borden Ladner Gervais LLP;
Legal Alert/Article
December 5, 2014, previously published on November 19, 2014
The first of the OSC’s no-contest settlements occurred in October. Ernst & Young LLP (“Ernst & Young”) entered into a no-contest settlement agreement with the OSC in respect of allegations related to its auditing of Sino-Forest Corp. (“Sino-Forest”) and Zungui...

 


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