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Documents on alternative dispute resolution

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HTMLOntario Court of Appeal Rules on Enforcement of Foreign Judgments against Canadian Subsidiaries
Dentons Canada LLP;
Legal Alert/Article
February 14, 2014, previously published on February 10, 2014
The Ontario Court of Appeal recently addressed the jurisdiction of Ontario courts to recognize and enforce foreign judgments in Yaiguaje v. Chevron Corporation, 2013 ONCA 758. The decision is important because it indicates that enforcement actions can proceed in Ontario to recover from uninvolved...


HTMLSupreme Court of Canada Delivers Landmark Decisions on Summary Judgment Motions
Dentons Canada LLP;
Legal Alert/Article
February 14, 2014, previously published on February 10, 2014
On January 23, 2014, the Supreme Court of Canada released its reasons for decision in Hryniak v. Mauldin (“Mauldin”) and Bruno Appliance and Furniture, Inc. v. Hryniak (“Bruno Appliance”); two appeals that arose under the new summary judgment Rule 20 of Ontario’s...


Denis Philippe; Philippe & Partners;
Legal Alert/Article
February 13, 2014, previously published by Kluwer, 2014
Modernisation Of The Belgian Law On Arbitration


HTMLFifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory
Reyburn W. Lominack; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign arbitration agreements preventing them from suing in court, or from bringing...


HTMLA-Rod: A Tough Row to Hoe in Contesting Arbitrator’s Suspension
Jackson Lewis P.C.;
Legal Alert/Article
February 10, 2014, previously published on February 5, 2014
For more than half a century, federal courts have done their utmost to encourage arbitration to resolve disputes. The preference is particularly strong in labor-management contracts, such as the one between Major League Baseball (“MLB”) and the players’ union that resulted in the...


HTMLAnother Victory for the Commercial Agent As English Court Rules That Principal Cannot Have the Best of Both Worlds
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
February 7, 2014, previously published on January 31, 2014
Under 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....


HTMLContract Drafters Beware: No Appeal Arbitration Provisions May Not Be Enforceable Under The FAA
Anne E. Gorham; Stites & Harbison, PLLC;
Legal Alert/Article
February 4, 2014, previously published on January 23, 2014
Inclusion 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...


HTMLFifth 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;
Legal Alert/Article
February 3, 2014, previously published on January 29, 2014
Decision: 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...


HTMLU.S. Supreme Court Opens Loophole for Potential Influx of State Court Suits
Dentons Canada LLP;
Legal Alert/Article
January 31, 2014, previously published on January 24, 2014
On 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.


HTMLWhy 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.;
Legal Alert/Article
January 28, 2014, previously published on January 21, 2014
On 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...


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