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Documents on alternative dispute resolution
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|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,...
|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].
|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...
|Supreme Court of Canada Imposes Common Law Duty of Honest Performance on Contracting Parties|
Elise Calvert; Davis LLP;
January 12, 2015, previously published on December 22, 2014In Bhasin v Hrynew, (2014, SCC 71), a unanimous Supreme Court ruled that the Canadian common law should now impose a duty on parties to perform their contractual obligations honestly. The ruling is significant as it was previously unclear in the Canadian common law the role of the duty of good...
|Overcoming Language Barriers in International Arbitration|
Carlos A. Maycotte; Sally & Fitch LLP;
January 10, 2015, previously published on November 20, 2014As with any cross-border endeavor, language barriers can become a hurdle to overcome in international arbitration and litigation. The dispute resolution clause in a contract may compel the client to arbitrate or litigate in a country other than their own. Arbitrators, parties, and even counsel may...
|A Practical Guide to Selecting an Arbitrator|
Ashly E. Scheufele; Sally & Fitch LLP;
January 10, 2015, previously published on November 7, 2014One of the many advantages of arbitration over litigation is that the parties to a dispute have the opportunity to choose the arbitrator or arbitrators who will decide their claims. The selection of an arbitrator is a critical decision point that necessarily occurs very early in the arbitral...
|How Might the Proposed New Senior Managers and Certification Regime for Individuals have Affected Accountability for Foreign Exchange Manipulation?|
Richard Caird, Alexandra Doucas, Katharine Harle; Dentons Canada LLP;
January 9, 2015, previously published on December 8, 2014Shakespeare's often misquoted suggestion, "first kill all the lawyers", still sells very successfully on mugs and T-shirts. It is likely that had he referred to bankers instead, merchandise sales would currently be at least as successful. The recent fine levied on five banks in respect of...