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Documents on alternative dispute resolution
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|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...
|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...
|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...
|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.
|CFPB Releases Preliminary Report on Arbitration Agreements But Defers Final Analysis and Recommendations|
Keith J. Barnett, Thomas M. Byrne, B. Knox Dobbins, Robert D. Owen, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
December 17, 2013, previously published on December 13, 2013On December 12, 2013, the Consumer Financial Protection Bureau (CFPB) released its preliminary report on the use of arbitration clauses in consumer financial products and services.
|Canada Ratifies ICSID Convention|
Angus M. Gunn; Borden Ladner Gervais LLP;
December 16, 2013, previously published on December 12, 2013At long last, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (generally known as the ICSID Convention, but also referred to as the Washington Convention) has entered into force for Canada, as of 01 December 2013. An important tool for the...
|Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements|
Gregg A. Fisch, Lindsey A. Fletcher; Sheppard, Mullin, Richter & Hampton LLP;
December 13, 2013, previously published on December 6, 2013Earlier this week, on December 3, 2013, the Fifth Circuit Court of Appeals held that arbitration agreements lawfully can contain class-action waivers. In its ruling in D.R. Horton, Inc. v. National Labor Relations Board, the Fifth Circuit overturned a National Labor Relations Board (the...
|Financing Disputes - The Third-Party Funding Option|
Craig Chiasson, Hunter Parsons; Borden Ladner Gervais LLP;
December 13, 2013, previously published on December 9, 2013Many businesses with strong claims are hesitant to pursue their legal remedies because of the high costs and significant risks of litigation and arbitration. This problem is particularly acute where the potential defendant has robust financial assets at its disposal. An increasingly available...