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Documents on alternative dispute resolution
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|Fact Witnesses As Experts: Westerhof v Gee Estate, 2015 ONCA 206|
Ewa Krajewska; Borden Ladner Gervais LLP;
April 9, 2015, previously published on April 3, 2015In Westerhof v Gee Estate, the Ontario Court of Appeal decided that participant experts and non-party experts may give opinion evidence without complying with Rule 53.03. In other words, a fact witness who is considered an expert may give opinion evidence without filing an expert report or...
|Court Fee increases from Monday|
Miles Robinson, Kate Wilson; Mayer Brown International LLP;
April 7, 2015, previously published on March 5, 2015In January 2015, the Government announced a dramatic increase in the fee for issuing Court proceedings in money claims worth £10,000 or more. Following Parliamentary approval on 4 March, the new fees will come into force on 9 March. Until now, the highest issue fee for a money claim has been...
|Online Dispute Resolution is Not Science Fiction, Says Advisory Group|
Robert E. Collier-Wright; Greenberg Traurig Maher LLP;
April 7, 2015, previously published on March 12, 2015The Online Dispute Resolution (ODR) Advisory Group of the Civil Justice Council, a group established on 25 April 2014 and led by Professor Richard Susskind (IT Advisor to the Lord Chief Justice), has proposed radical changes to the court system of England and Wales, including the introduction of a...
|IGAD to Establish International Arbitration Center in Djibouti|
Thomas R. Snider; Greenberg Traurig, LLP;
April 7, 2015, previously published on March 10, 2015The Intergovernmental Authority on Development (IGAD), which consists of member states Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, and Uganda, will establish an international arbitration center in Djibouti focused on resolving business disputes in the region. The decision to...
|UAE Competition Law Update: Consequences for M&A Transactions in the UAE|
Eric J. Milne; Jones Day;
April 6, 2015, previously published on March 2015The United Arab Emirates ("UAE") recently introduced its competition law: Federal Law No. 4 of 2012 ("Competition Law"). In February 2013, we published a Commentary on this law, noting that it was the first of its kind to regulate anticompetitive behavior and monopoly practices...
|NGC's Alternative Dispute Resolution Practice|
Nicola Gudbranson Cooper LLC;
April 2, 2015, previously published on Winter 2014-2015Mediation and/or arbitration have increasingly become preferred means for businesses to resolve commercial disputes. However, not all alternative dispute resolution (ADR) provisions are equal. Attorneys at Nicola, Gudbranson & Cooper have extensive experience negotiating fair and effective ADR...
|Enforceability of PAGA Waivers in Arbitration Agreements - The Battle Continues|
David Zvi Feingold; Jackson Lewis P.C.;
March 30, 2015, previously published on February 27, 2015The battle over whether employees may waive the right to pursue claims under California’s Private Attorneys General Act (PAGA) in arbitration continues. The Supreme Court of the United States recently requested a response from ex-Bridgestone Retail Operations LLC employees to...
|California Court of Appeal Rules PAGA Claims Must Be Stayed Pending Outcome of Individual Arbitration on Underlying Individual Wage and Hour Claims|
John P. Nordlund; Jackson Lewis P.C.;
March 30, 2015, previously published on March 16, 2015On February 26, 2015, in Franco v. Arakelian Enterprises, Inc., Case No. B232583, the California Court of Appeal, Second Appellate District held that trial court proceedings on claims pursuant to the California Private Attorney General Act (“PAGA”) (Labor Code § 2698 et seq.) must...
|No Arbitration if Invalid PAGA Waiver Cannot be Severed|
Amber Gardina-Quintanilla; Jackson Lewis P.C.;
March 30, 2015, previously published on March 24, 2015On February 27, 2015, the California Court of Appeal determined that arbitration could not be compelled in Securitas Security Services USA, Inc. v. Superior Court (Edwards). Securitas’ arbitration agreement contained a waiver provision, waiving both class actions and representative Private...
|Employee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds|
Mark S. Askanas; Jackson Lewis P.C.;
March 30, 2015, previously published on February 17, 2015An employer did not violate California’s Family Rights Act (“CFRA”) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court has ruled. Richey v. AutoNation Inc.,...