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Documents on alternative dispute resolution
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|Another Victory for the Commercial Agent As English Court Rules That Principal Cannot Have the Best of Both Worlds|
Withers Bergman LLP/Withers LLP;
February 7, 2014, previously published on January 31, 2014Under English Law, Commercial Agents and Principals are allowed (and indeed encouraged) to elect whether compensation or an indemnity will be payable upon termination of the agency relationship. If the parties fail to make an election, the default position is that compensation will be payable....
|Contract Drafters Beware: No Appeal Arbitration Provisions May Not Be Enforceable Under The FAA|
Anne E. Gorham; Stites & Harbison, PLLC;
February 4, 2014, previously published on January 23, 2014Inclusion of “no appeal” provisions in arbitration clauses has increased in recent years, as parties seek finality to the costly and time-consuming arbitration process. Commercial parties desire a streamlined process that does not have an endless appeal “tail,” which can...
|Fifth Circuit Finds that Class Waivers in Mandatory Arbitration Agreements Do Not Violate the NLRA, but ALJ Expands the NLRB’s D.R. Horton Ruling|
Noah B. Steinsapir, Lori A. Zahalka; Mayer Brown LLP;
February 3, 2014, previously published on January 29, 2014Decision: The US Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (“NLRB” or “Board”) position that homebuilder D.R. Horton Inc. interfered with its employees' labor law rights by requiring its employees to enter a mandatory...
|U.S. Supreme Court Opens Loophole for Potential Influx of State Court Suits|
Dentons Canada LLP;
January 31, 2014, previously published on January 24, 2014On January 14, 2014, the United States Supreme Court unanimously reversed the Fifth Circuit and held that the Class Action Fairness Act's ("CAFA") mass action provision did not provide for jurisdiction over a parens patriae suit filed by the attorney general of Mississippi.
|Why A-Rod Faces Long Odds in His Attempt to Overturn the Grievance Arbitration Award|
Robert Sheridan; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 28, 2014, previously published on January 21, 2014On Saturday January 11, 2014, arbitrator Frank Horowitz reduced Alex Rodriguez’s suspension from 211 games to 162 games (plus any 2014 post-season games) for his use of performance enhancing drugs (“PEDs”) and obstruction of the MLB’s investigation into his use of PEDs. The...
|Which Arbitration Agreement Clauses Will Texas Courts Find Unconscionable?|
Larry D. Smith; Ogletree Deakins Nash Smoak Stewart P.C.;
January 28, 2014, previously published on January 17, 2014In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T...
|D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California|
Keith A. Goodwin, Kenneth D. Sulzer; Proskauer Rose LLP;
January 23, 2014, previously published on January 17, 2014Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action. In doing so, the Fifth...
|The ICC ADR Rules Replaced by the New ICC Mediation Rules|
Sashe D. Dimitroff, Cecilia Flores Rueda; Haynes Boone LLP;
January 22, 2014, previously published on January 16, 2014Effective January 1, 2014, the International Chamber of Commerce (“ICC”) replacedf its Amicable Dispute Resolution rules with new Mediation Rules. The new ICC Mediation Rules (the “Rules”) set clear parameters for mediating disputes, while also providing for additional...
|FINRA Rule 12206: Statute of Repose or Statute of Limitation?|
Meyer Unkovic Scott LLP;
January 20, 2014, previously published on Spring 2013Under the FINRA rules of procedure, the grounds for a pre-hearing dismissal are limited. FINRA Rule 12206 is one of those limited options. Rule 12206 states that “no claim shall be eligible for submission to arbitration under the [FINRA] Code when six years have elapsed from the occurrence...
|No Signature No Problem: Using Equitable Estoppel To Compel Arbitration When You Never Entered Into An Agreement|
Christopher S. Colby; Vandeventer Black LLP;
January 17, 2014Litigants that find themselves mired in litigation often wish they had the option of a faster, less expensive, and more confidential resolution through arbitration. Many parties avoid this scenario by including arbitration clauses in their contracts. Thus, when one party to such a contract sues in...