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Documents on alternative dispute resolution
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|Early Neutral Evaluation: An Additional Tool for Resolving Disputes|
Semmes Bowen Semmes A Professional Corporation;
January 13, 2014There are numerous methods available to avoid the time and expense of a trial before a judge or jury if the parties to a dispute wish to do so but are unable to resolve their differences by direct negotiation. Mediation and arbitration are two examples of such devices which can be very useful in...
|CFPB Report Targets Arbitration Clauses|
Shannon Z. Petersen, Lisa Yun; Sheppard, Mullin, Richter & Hampton LLP;
January 13, 2014, previously published on January 8, 2014The Consumer Financial Protection Bureau (the “CFPB”) is a new federal agency responsible for regulating consumer financial products and services. On December 12, 2013, the CFPB released a report on the use of arbitration clauses with class action waivers contained in credit card,...
|Canada Ratifies World Bank’s Treaty on Investment Disputes|
Barry Leon, John Siwiec; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
January 6, 2014, previously published on December 30, 2013On December 1, 2013, Canada became the 150th country to join the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID Convention”). Canada’s ratification of the Convention will reduce the risks to Canadian companies investing...
|American Arbitration Association Adopts Optional Appellate Procedure For Arbitration Award|
Robert K. Cox; Williams Mullen;
January 6, 2014, previously published on January 6, 2014Effective November 1, 2013, the American Arbitration Association (“AAA”) adopted an optional appellate procedure for review of arbitration awards. According to the AAA, its new appellate review option provides grounds for review of an arbitration award not limited to the narrow grounds...
|California Court Requires Clear and Unmistakable Waiver to Enforce Arbitration Agreement|
Ogletree Deakins Nash Smoak Stewart P.C.;
January 6, 2014, previously published on December 30, 2013Volpei v. County of Ventura, No. B243954 (November 7, 2013): In a recent decision, a California Court of Appeal held that an arbitration provision in a collective bargaining agreement did not waive an employee’s individual right to sue his employer. The court held that the arbitration...
|District Court Confirms Arbitration Award In Favor Of Insurer Finding Insured Attempted To Make Fraudulent Claim (New Jersey Federal)|
Fineman Krekstein Harris P.C.;
January 6, 2014, previously published on December 27, 2013In Fed. Ins. Co. v. Von Windherburg-Cordeiro, defendant was an insured under a $1.5M Voluntary Accident Insurance Policy, providing coverage for, amongst other things, ‘permanent total disability.’ In 2005, defendant gave notice of a claim for permanent total disability benefits as a...
|Back to School and Back to Court, Litigating your Divorce and Custody Matter|
Albertina Webb; Wilentz, Goldman & Spitzer P.A.;
January 6, 2014, previously published on January 1, 2014Every September brings excitement for thousands of children leaving the house for the first time and attending school and for those going back to school. The little yellow bus turning the corner also brings excitement and some rest and relaxation to the parents. But seriously, it is also a return...
|The Court of Appeal Affirms that the Competence-Competence Principle Applies to Ontario’s Arbitration Act, 1991|
Mira Novek; McCarthy Tétrault LLP;
January 3, 2014, previously published on December 27, 2013In a decision that will preserve consistency in Ontario’s arbitration law and practice, the Court of Appeal has affirmed that the competence-competence principle, already well-established in private international law, also applies to Ontario’s domestic arbitration statute. The...
|Under Maine Law, Advice to Seek Independent Counsel Is Unnecessary When an Engagement Agreement Contains a Clear Arbitration Clause|
Patricia Lynch Franklin, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
December 27, 2013, previously published on December 23, 2013The United States First Circuit Court of Appeals, considering Maine law, determined that an arbitration clause in an attorney-client engagement letter was enforceable. The attorneys were not required to advise the client to obtain the advice of independent counsel, and were not required to discuss...
|FINRA Again Presses for Expungement Limits Outside of Formal Rulemaking Process|
Andy Clark, Terry R. Weiss; Greenberg Traurig, LLP;
December 27, 2013, previously published on December 24, 2013Although FINRA has not announced any proposed changes to the rules governing expungement of broker information from the Central Registration Depository (CRD), let alone has the SEC approved such rulemaking, FINRA is taking informal steps to limit arbitrators’ recommendations of expungement.