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Documents on alternative dispute resolution
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|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...
|Miami International Commercial Arbitration Court: Another Reason Why Miami Is Becoming the Preferred Seat for Latin American Arbitrations|
Carlos F. Concepcion, Thomas E. Lynch, Ana Maria Cristina Perez Soto, Ricardo Hugo Puente, Johanna Oliver Rousseaux; Jones Day;
April 12, 2016, previously published on March 2016Miami rapidly is becoming the preferred venue for international commercial arbitrations involving Latin American parties. This is so not only because of Miami's geographical proximity to Latin America, large pool of legal professionals with Spanish and Portuguese language capabilities, and close...
|Erdem&Erdem Listed Among the Best Law Firms in International Arbitration|
Arzu Taghan; Erdem Erdem Law Office;
March 24, 2016, previously published on March 23, 2016Erdem&Erdem is now listed among the best 100 law firms worldwide in international arbitration.
|Promoting Settlement in International Arbitration|
Leyla Orak Celikboya; Erdem Erdem Law Office;
March 24, 2016, previously published on March 23, 2016“[E]very arbitrator’s perception of his or her role will be shaped by the legal and procedural culture with which he or she is most familiar.” International arbitration is, in fact, a hub for practitioners from various legal backgrounds. Applicable rules of procedure, place and...
|Istanbul Arbitration Center Rules of Arbitration|
Erdem Erdem Law Office;
March 1, 2016, previously published on February 10, 2016The first step towards establishing an International Center of Finance in Istanbul was taken through a resolution of the Turkish Higher Planning Council. One of the pillars of the Istanbul Finance Center and one of its priorities is the establishment of an independent and autonomous...
|Document Production Requests pursuant to IBA Rules on the Taking of Evidence in International Arbitration - I|
Babur Ezgi; Erdem Erdem Law Office;
March 1, 2016, previously published on February 10, 2016Evidentiary issues in international arbitration are of great importance, based on their impact on fulfilling the burden of proof, and consequently, on the decisions on merits. The taking of evidence is regulated under the International Bar Association (“IBA”) Rules on the Taking of...
|Provision Agreeing to Not Challenge Arbitration Award Voided by Georgia Court|
Neil S. Lowenstein; Vandeventer Black LLP;
February 11, 2016, previously published on January 2016An increasingly popular arbitration clause provision is language purporting to waive later challenge to the arbitration award. In a recent decision in Atlanta Flooring Design Centers, Inc. v. R.G. Williams Constr., Inc., 733 S.E.2d 868 (April 2015), the Georgia Court of Appeals held such waiver...