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Documents on alternative dispute resolution
 

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HTMLWhat Do Employers Need to Know about Competition Law? (Episode 6 - Collective Bargaining)
Hannah C. L. Ha, John M. Hickin, Anita W. C. Lam; Mayer Brown LLP;
Legal Alert/Article
January 12, 2015, previously published on November 28, 2014
In the previous episode of this series, Mayer Brown JSM discussed the implications of sharing sensitive employment information with competitors. Colin begins to wonder whether he should stop negotiating with trade unions on matters such as wages...

 

HTMLSupreme Court of Canada Imposes Common Law Duty of Honest Performance on Contracting Parties
Elise Calvert; Davis LLP;
Legal Alert/Article
January 12, 2015, previously published on December 22, 2014
In Bhasin v Hrynew, (2014, SCC 71), a unanimous Supreme Court ruled that the Canadian common law should now impose a duty on parties to perform their contractual obligations honestly. The ruling is significant as it was previously unclear in the Canadian common law the role of the duty of good...

 

HTMLOvercoming Language Barriers in International Arbitration
Carlos A. Maycotte; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 20, 2014
As with any cross-border endeavor, language barriers can become a hurdle to overcome in international arbitration and litigation. The dispute resolution clause in a contract may compel the client to arbitrate or litigate in a country other than their own. Arbitrators, parties, and even counsel may...

 

HTMLA Practical Guide to Selecting an Arbitrator
Ashly E. Scheufele; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 7, 2014
One of the many advantages of arbitration over litigation is that the parties to a dispute have the opportunity to choose the arbitrator or arbitrators who will decide their claims. The selection of an arbitrator is a critical decision point that necessarily occurs very early in the arbitral...

 

HTMLHow Might the Proposed New Senior Managers and Certification Regime for Individuals have Affected Accountability for Foreign Exchange Manipulation?
Richard Caird, Alexandra Doucas, Katharine Harle; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 8, 2014
Shakespeare's often misquoted suggestion, "first kill all the lawyers", still sells very successfully on mugs and T-shirts. It is likely that had he referred to bankers instead, merchandise sales would currently be at least as successful. The recent fine levied on five banks in respect of...

 

HTMLDouble Agent: Responsibility for Payment of a Bribe and Conflict of Interest
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on November 20, 2014
Our recent updates "Fraudulent misrepresentation by a bank and the ISDA Master Agreement" and "Construction and rectification: the consequences of rescission and making good the defects in drafting of back-to-back confirmations under the ISDA Master Agreement" considered aspects...

 

HTMLConstruction and Rectification: The Consequences of Rescission and Making Good the Defects in Drafting of Back-To-Back Confirmations under the ISDA Master Agreement
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on November 19, 2014
Our recent update "Fraudulent misrepresentation by a bank and the ISDA Master Agreement" dealt with the consequences of certain fraudulent misrepresentations impliedly made by UBS to Depfa in the litigation between them and the German water company Kommunale Wasserwerke Leipzig GmbH (KWL).

 

HTMLFixes for FX - How Would Recent Regulatory Changes have Affected Liability for Foreign Exchange Manipulation?
Richard Caird, Alexadra Doucas, Katharine Harle; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 9, 2014
In our recent article "How might the proposed new senior managers and certification regime for individuals have affected accountability for foreign exchange manipulation?" we considered how the proposed new regulatory regime in relation to individual accountability would have affected...

 

HTMLFraudulent Misrepresentation by a Bank and the ISDA Master Agreement
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 12, 2014
Few claims result in judgments as long as that recently handed down by Mr Justice Males (the Judge) in the litigation between UBS, Kommunale Wasserwerke Leipzig GmbH (KWL), Depfa Bank plc and Landesbank Baden-Württemberg (LBBW), but the length of the judgment is proportionate to the complexity...

 

HTMLCanadian Privacy Law - Regulatory Guidance For Online And Mobile Environments
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2015, previously published on November 27, 2014
Canadian Privacy Commissioners have recently published guidance for compliance with privacy laws as applicable to online and mobile environments. The guidance explains how organizations can obtain meaningful, informed consent to the collection, use and disclosure of personal information provided by...

 


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