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Documents on alternative dispute resolution

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HTMLFINRA Announces Creation of Arbitration Task Force
Rogers Hardin;
Legal Alert/Article
August 21, 2014, previously published on August 2014
On July 17, 2014, the Financial Industry Regulation Authority (“FINRA”) announced the formation of a task force to consider and recommend changes to the FINRA arbitration process. The task force’s stated mission is to “consider possible enhancements to its arbitration forum...


HTMLThe Most Important Issue in Arbitration
Terry L. Potter; Husch Blackwell LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
I am commonly asked what I believe is the most important issue when it comes to arbitration. For me the answer is always the same, whether we are talking about a labor arbitration, a construction dispute, or any other arbitration. The most important issue in any arbitration is the selection of...


HTMLTransfer Pricing Court Cases
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 31, 2014
A series of tax disputes involving Russian automotive market distributors (namely, Mazda Motors Rus, Suzuki Motors Rus, and Hyundai Motor CIS) and the application of art. 40 RF TC is currently before the commercial courts. The distributors posted losses for 2009-2010 which, in the opinion of the...


HTMLSupreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals
Michael Feder, Tammy Shoranick, Herman Van Ommen; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 will drastically limit appeals of arbitral awards in British Columbia, and has far-reaching implications for the law of contractual interpretation throughout Canada.


HTMLThe Impact of Social Media on Privacy: Why You Need a Social Media Policy
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
Legal Alert/Article
August 6, 2014, previously published on Summer 2014
One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v Chatham-Kent (Municipality), [2007] OLAA No 135 (QL), the grievor was a personal caregiver with eight years’ service and some history of discipline. She...


HTMLThe Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order
Hera S. Arsen, J.D., Ph.D., Ron Chapman, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
As we discussed yesterday in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” this week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal contractors will be required to disclose labor law violations and...


HTMLThird Circuit Rules Class Arbitration a Question for the Courts
Evan H. Lechtman, Jeffrey N. Rosenthal; Blank Rome LLP;
Legal Alert/Article
August 6, 2014, previously published on August 2014
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide...


HTMLAmerican Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
Clients are always looking for ways to manage costs of legal disputes. With tighter cashflows since the recession, many businesses are understandably asking for budgets and working with their attorneys to find strategies that reduce legal fees and litigation costs.


Adobe PDFSecond Circuit Adopts Bright-Line Rule For Determining Customer Status For Mandatory FINRA Arbitration: Court Rules that for Purposes of Demanding FINRA Arbitration, “Customers” of FINRA Members Are Those Who Either Purchase a Good or Service from a FINRA Member or Have an Account with a FINRA Member
Sullivan Cromwell LLP;
Legal Alert/Article
August 5, 2014, previously published on August 4, 2014
On Friday, August 1, 2014, the Second Circuit issued its decision in Citigroup Global Markets, Inc. v. Abbar, No. 13 2172 (2d Cir. Aug. 1, 2014), a case addressing the Financial Industry Regulatory Authority rule that FINRA members must consent to mandatory arbitration of disputes with any...


HTMLEU Sanctions: Update
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 28, 2014
On 16 July 2014 at a special meeting of the European Council the EU decided to extend its sanctions so as to target entities, i.e. natural persons or legal entities ‘... that are materially or financially supporting actions undermining or threatening Ukraine’s sovereignty, territorial...


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