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Documents on alternative dispute resolution
 

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HTMLBack to School and Back to Court, Litigating your Divorce and Custody Matter
Albertina Webb; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
January 6, 2014, previously published on January 1, 2014
Every 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...

 

HTMLDistrict Court Confirms Arbitration Award In Favor Of Insurer Finding Insured Attempted To Make Fraudulent Claim (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
January 6, 2014, previously published on December 27, 2013
In 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...

 

HTMLCanada Ratifies World Bank’s Treaty on Investment Disputes
Barry Leon, John Siwiec; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
January 6, 2014, previously published on December 30, 2013
On 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...

 

HTMLThe Court of Appeal Affirms that the Competence-Competence Principle Applies to Ontario’s Arbitration Act, 1991
Mira Novek; McCarthy Tétrault LLP;
Legal Alert/Article
January 3, 2014, previously published on December 27, 2013
In 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...

 

HTMLUnder 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;
Legal Alert/Article
December 27, 2013, previously published on December 23, 2013
The 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...

 

HTMLFINRA Again Presses for Expungement Limits Outside of Formal Rulemaking Process
Andy Clark, Terry R. Weiss; Greenberg Traurig, LLP;
Legal Alert/Article
December 27, 2013, previously published on December 24, 2013
Although 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.

 

HTMLCFPB 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;
Legal Alert/Article
December 17, 2013, previously published on December 13, 2013
On 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.

 

HTMLCanada Ratifies ICSID Convention
Angus M. Gunn; Borden Ladner Gervais LLP;
Legal Alert/Article
December 16, 2013, previously published on December 12, 2013
At 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...

 

HTMLFifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements
Gregg A. Fisch, Lindsey A. Fletcher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
Earlier 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...

 

HTMLFinancing Disputes - The Third-Party Funding Option
Craig Chiasson, Hunter Parsons; Borden Ladner Gervais LLP;
Legal Alert/Article
December 13, 2013, previously published on December 9, 2013
Many 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...

 


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