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Documents on alternative dispute resolution
 

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Adobe PDFHabits Can Be a Hindrance
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 24, 2016, previously published on August 2016
One of the many wonderful features of mediation is the ability to improvise and the freedom of constraints. There are few rules but many habits. Conducting a joint session and breaking off into a private caucus is a common habit. But sometimes the parties need to hear one another, or the lawyers or...

 

HTMLSingapore Explores Third-Party Funding
Duane Morris LLP;
Legal Alert/Article
August 17, 2016, previously published on July 25, 2016
Singapore recently introduced new proposed legislation, the Public Consultation on the Draft Civil Law (Amendment) Bill 2016 and Civil Law (Third Party Funding) Regulations 2016, which would allow third-party funding in disputes. If enacted, Singapore would join popular international arbitration...

 

HTMLSwiss Supreme Court Decided Stay of the Arbitration Pending Compliance with Multi-tiered Clause
Erdem Erdem Law Office;
Legal Alert/Article
August 17, 2016, previously published on June 2, 2016
The Swiss Federal Supreme Court (“Court”) with its latest decision dated March 16, 2016, numbered 4A&under;628/2015 and published on March 29, 2016 (“Decision”)[1] decided to stay the arbitration as a result of a failure to comply with a multi-tiered dispute resolution...

 

HTMLFifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated
Andrew P. Burnside, Matthew M. McCluer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 11, 2016, previously published on August 3, 2016
In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator. Whether the arbitration agreement applied to an...

 

HTMLCalifornia Supreme Court on Arbitration Agreement Silent on Class Action Waivers
Mitchell F. Boomer, Dylan Bradley Carp, Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
August 10, 2016, previously published on August 1, 2016
Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? The California Supreme Court responded that there is no “one-size-fits-all” answer and the issue is a...

 

HTMLNew Rules Take Effect at the Singapore International Arbitration Centre
Thomas R. Snider; Greenberg Traurig, LLP;
Legal Alert/Article
August 10, 2016, previously published on August 1, 2016
The Singapore International Arbitration Centre (SIAC) has updated its procedural rules. The revised rules - known as the “SIAC Rules 2016” - take effect on Aug. 1, 2016. The SIAC Rules 2016 mark the sixth edition of the SIAC’s rules since the institution commenced operations in...

 

Adobe PDF(Really) Early Dispute Resolution
Peter R. Silverman; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
August 5, 2016, previously published on June 2016
Georgia Pacific estimates that it saved over $30 million from the first ten years of its early dispute resolution (“EDR”) program. GE estimated that its EDR program cut its litigation costs almost in half. EDR is something every company—not just Fortune 100...

 

HTMLCan You Bring A Claim In The English Court?
Christopher Coffin, Peter W. Wood; Withers Bergman LLP;
Legal Alert/Article
August 5, 2016, previously published on July 27, 2016
The English courts are often used to resolve disputes involving parties based in other countries. The reasons behind a party's choice of the English courts can be many and varied, but the rules that govern the court's ability to accept jurisdiction over these disputes are well established.

 

HTMLBrexit Myth-Busting: A Brief Analysis for Business
M. Ridgway Barker, David Guin, Anthony Indaimo, Denis Petkovic, Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
July 29, 2016, previously published on July 13, 2016
The 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...

 

Adobe PDFMediation is Not Like Vegas
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on June 2016
While 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.

 


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