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Documents on alternative dispute resolution
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|Changes to Italian Civil Proceedings in Italy|
Withers Bergman LLP;
January 20, 2015, previously published on December 8, 2014On 6 November 2014, the Italian Parliament approved a bill to improve the efficiency of civil proceedings. The new rules are effective from 10 November 2014.
|Disputants Await Clarification of Mediation Privilege’s Boundaries|
Gannon G. Beaulne, Julia E. Schatz; Bennett Jones LLP;
January 20, 2015, previously published on November 17, 2014Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement privilege. But the extent to which parties can pierce this bubble of...
|New LCIA Arbitration Rules Come into Effect Today|
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
January 20, 2015, previously published on October 1, 2014The London Court of International Arbitration (LCIA), one of the world’s leading international arbitration institutions, recently adopted a new set of arbitration rules, which will come into force on October 1, 2014. The new rules revise and update the previous version of the LCIA Arbitration...
|Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation|
Justin R. Lambert, Steven L. Major; Bennett Jones LLP;
January 19, 2015, previously published on April 25, 2014When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to avoid ultimately prejudicing the case against the wrongdoer. Those...
|Confidentiality Clauses and Privilege: A Delicate Balance|
Scott H. D. Bower, Russell J. Kruger, Aaron F. Rankin; Bennett Jones LLP;
January 19, 2015, previously published on May 12, 2014Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union Carbide Canada Inc v Bombardier Inc, 2014 SCC 35 [Union Carbide].
|CIETAC Publishes New Arbitration Rules|
Ashley M. Howlett; Jones Day;
January 19, 2015, previously published on December 2014In the aftermath of the "split" with the Shanghai and Shenzhen sub-commissions of the China International Economic and Trade Arbitration Commission ("CIETAC") resulting from the 2012 revision to the CIETAC arbitration rules, CIETAC has unveiled a new set of arbitration rules,...
|The Grinch Doesn’t Live in Canada|
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
January 16, 2015, previously published on December 18, 2014With the holiday season upon us, on December 12, 2014 the Honourable Ed Fast, Minster of International Trade, and the Honourable Greg Rickford, Minister of Natural Resources, jointly announced that the export of Canadian-grown Christmas trees is on the rise.
|Improving International Dispute Resolution: Leading Arbitral Institutions Update and Innovate|
Barry Leon, John Siwiec; Perley-Robertson Hill McDougall LLP/s.r.l.;
January 15, 2015, previously published on November 24, 2014Over the past few months two leading international arbitration institutions have updated their arbitration rules and added some innovative provisions, as did other leading arbitral institutions over the past few years.
|Alberta Court Grants Order Under Public Lands Act Halting Lubicon Blockade|
Laura M. Gill, E. Bruce Mellett; Bennett Jones LLP;
January 13, 2015, previously published on January 16, 2014On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the Sawn and Haig Lake areas of Northern Alberta. The blockade had been...
|What Do Employers Need to Know about Competition Law? (Episode 6 - Collective Bargaining)|
Hannah C. L. Ha, John M. Hickin, Anita W. C. Lam; Mayer Brown LLP;
January 12, 2015, previously published on November 28, 2014In the previous episode of this series, Mayer Brown JSM discussed the implications of sharing sensitive employment information with competitors. Colin begins to wonder whether he should stop negotiating with trade unions on matters such as wages...