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Documents on alternative dispute resolution
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|Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements|
Peter C. Gourdine, Paul J. Halasz; Day Pitney LLP;
May 16, 2013, previously published on May 14, 2013Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements. Whether a manufacturer can enforce such a provision requires an analysis of competing state and federal statutes and a determination of whether the vehicles sold fall within the statutory...
|Proposed Amendments to Hong Kong’s Arbitration Ordinance—Macao: The Missing Piece|
Phillip Georgiou, Ashley M. Howlett; Jones Day;
May 15, 2013, previously published on May 2013The Arbitration (Amendment) Bill 2013 (the "Bill") was gazetted by the government of the Hong Kong Special Administrative Region ("Hong Kong") on March 28, 2013. The Bill contains a number of proposed amendments to the Hong Kong’s Arbitration Ordinance (Cap. 609) (the...
|Latest Development in CIETAC Arbitration|
Tom K. M. Fu, Thomas S. T. So, Terence Tung; Johnson Stokes & Master Mayer Brown JSM;
May 13, 2013, previously published on May 10, 2013Since April 2012, there has been an ongoing dispute among China International Economic and Trade Arbitration Commission (CIETAC) and CIETAC Shanghai Sub-commission (CIETAC Shanghai) and CIETAC South China Subcommission (CIETAC South China). The internal division and disagreement among them...
|CIETAC Rebranding in Shanghai and Shenzhen|
Phillip Georgiou, Ashley M. Howlett, Jerry C. Ling; Jones Day;
May 10, 2013, previously published on May 2013In our Commentary in August 2012, we reported on the dispute between the China International Economic and Trade Arbitration Commission in Beijing ("CIETAC") and its Shanghai and South China (Shenzhen) Sub-Commissions.
|The CIETAC Secession: What It Means For International Arbitration in China|
Kevin E. Stern; Greenberg Traurig, LLP;
May 8, 2013, previously published on May 7, 2013International arbitration in China before the country’s leading arbitration institution, the Beijing-based China International Economic and Trade Arbitration Commission (CIETAC), may be entering a period of uncertainty and risk as a result of an internal dispute over arbitration rules, which...
|Trend of Enforcement of Arbitration Agreements Continues|
Breazeale Sachse Wilson L.L.P.;
May 7, 2013, previously published on May 2013Arbitration is preferred by many employers as an alternative to litigation for resolving disputes with employees. Arbitration often has the benefit of being less expensive, less time-consuming, less formal, and less public than litigation. Consequently, some employers believe it is advantageous to...
|New York’s Highest Court Refuses to Allow Judgment Enforcement Against International Bank Subsidiaries|
Lea Haber Kuck, Gregory A. Litt, Scott D. Musoff, Timothy G. Nelson; Skadden, Arps, Slate, Meagher & Flom LLP;
May 6, 2013, previously published on May 3, 2013This week, the New York Court of Appeals, New York’s highest state court, issued a unanimous opinion in Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, 2013 N.Y. Slip Op. 03018 (N.Y. Apr. 30, 2013) (Marianas), a significant opinion defining the reach of New...
|A Fair Fight: Issue Estoppel and Parallel Proceedings|
Timothy D. Chapman-Smith; McCarthy Tétrault LLP;
May 6, 2013, previously published on May 3, 2013Litigation has to be fair to both sides of a dispute. Finality is an important aspect of that fairness. Where parallel proceedings have differences in process, procedure, or purpose, is it fair to allow the same parties to litigate the same issues? Or does the fairness of finality take precedence...
|Arbitration Agreement in Employee Handbook Enforceable, California Court of Appeal Rules|
Jackson Lewis LLP;
May 3, 2013, previously published on May 2, 2013An arbitration agreement contained in an employee handbook was not invalid simply because the employer could change the handbook in its discretion, the California Court of Appeal has ruled. Serpa v. California Surety Investigations, Inc., No. B237363 (Cal. Ct. App. Apr. 19, 2013). Reversing an...
|Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
May 1, 2013, previously published on April 29, 2013Sued over financing terms, a used car dealer and a financing corporation asked a trial court to compel arbitration based on an arbitration clause in the sales agreement. The trial court disagreed, finding the arbitration clause was unconscionable. The court of appeal reversed the trial court...