Search Results (2328)
Documents on alternative dispute resolution
Show: results per page
|Australian Shareholder Class Action Held to be an Abuse of Process|
John Emmerig, Michael Legg; Jones Day;
September 12, 2016, previously published on September 2016In Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3)  VSC 340 (“MCI decision”), the lead plaintiff (“MCI”) purchased a small parcel of shares in both Treasury Wine Estates Limited and Leighton Holdings Limited and commenced separate group...
|Ninth Circuit Court of Appeals Sides with NLRB in Ruling that it is Unlawful for an Employer to Ask Employees to Sign an Arbitration Agreement Containing a Class Action Waiver|
Jeffrey P. Fuchsman, Zareh A. Jaltorossian, Richard S. Rosenberg; Ballard Rosenberg Golper & Savitt LLP;
September 12, 2016, previously published on August 26, 2016It is commonplace in 2016 for employers to require their employees to sign an agreement promising to arbitrate employment claims in lieu of taking the employer to court. Many of these arbitration agreements also contain an additional provision obligating the employee to use arbitration for any...
|Saudi Arabia to Join Hague Conference on Private International Law: A Move Toward International Standards?|
Charles T. (Chuck) Kotuby, Marc O. Peisert; Jones Day;
September 11, 2016, previously published on September 2016On July 25, 2016, the Saudi Arabian cabinet resolved to become a member state of the Hague Conference on Private International Law (“HCCH”). Formal signature and the internal ratification is still outstanding but is expected to occur in due course. When it does, the Kingdom will...
|Has the Seventh Circuit Court of Appeals Expanded the Grounds for Reviewing Arbitration Awards?|
Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 11, 2016, previously published on September 1, 2016A fundamental tenet of arbitration is that arbitration awards are subject to very limited review and are rarely vacated due to an error in contract interpretation. The Illinois Uniform Arbitration Act sets forth just five limited grounds under which a court can vacate an arbitration award,...
|Habits Can Be a Hindrance|
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 24, 2016, previously published on August 2016One of the many wonderful features of mediation is the ability to improvise and the freedom of constraints. There are few rules but many habits. Conducting a joint session and breaking off into a private caucus is a common habit. But sometimes the parties need to hear one another, or the lawyers or...
|Singapore Explores Third-Party Funding|
Duane Morris LLP;
August 17, 2016, previously published on July 25, 2016Singapore recently introduced new proposed legislation, the Public Consultation on the Draft Civil Law (Amendment) Bill 2016 and Civil Law (Third Party Funding) Regulations 2016, which would allow third-party funding in disputes. If enacted, Singapore would join popular international arbitration...
|Swiss Supreme Court Decided Stay of the Arbitration Pending Compliance with Multi-tiered Clause|
Erdem Erdem Law Office;
August 17, 2016, previously published on June 2, 2016The Swiss Federal Supreme Court (“Court”) with its latest decision dated March 16, 2016, numbered 4A&under;628/2015 and published on March 29, 2016 (“Decision”) decided to stay the arbitration as a result of a failure to comply with a multi-tiered dispute resolution...
|Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated|
Andrew P. Burnside, Matthew M. McCluer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 11, 2016, previously published on August 3, 2016In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator. Whether the arbitration agreement applied to an...
|California Supreme Court on Arbitration Agreement Silent on Class Action Waivers|
Mitchell F. Boomer, Dylan Bradley Carp, Sherry L. Swieca; Jackson Lewis P.C.;
August 10, 2016, previously published on August 1, 2016Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? The California Supreme Court responded that there is no “one-size-fits-all” answer and the issue is a...
|New Rules Take Effect at the Singapore International Arbitration Centre|
Thomas R. Snider; Greenberg Traurig, LLP;
August 10, 2016, previously published on August 1, 2016The Singapore International Arbitration Centre (SIAC) has updated its procedural rules. The revised rules - known as the “SIAC Rules 2016” - take effect on Aug. 1, 2016. The SIAC Rules 2016 mark the sixth edition of the SIAC’s rules since the institution commenced operations in...