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Documents on alternative dispute resolution
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|Choice of Contractual Dispute Resolution Mechanism|
Stephen Antle; Borden Ladner Gervais LLP;
August 27, 2014, previously published on August 20, 2014This is the second in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes. This bulletin is about choice of contractual dispute resolution mechanism - another key risk management tool.
|Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements|
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...
|Arbitration Panel Misconstrues Contractor Licensing Law: Florida Appellate Court Allows Decision to Stand|
Peter C. Vilmos; Burr & Forman LLP;
August 27, 2014, previously published on August 15, 2014If you’ve followed Burr’s e-note over the past year or two, then you know that the United States Supreme Court has issued recent opinions on the power of arbitration tribunals to make legal decisions. Even if a review of the arbitration decision reveals an error in legal...
|Arbitration and Ship Arrest in Hong Kong: Post-award arrest in Handytankers KS v. Owners of The Alas|
Bill Amos; Mayer Brown JSM;
August 22, 2014, previously published on August 20, 2014The maritime industry has traditionally favoured arbitration as a method of dispute resolution. Disputes under charterparties, shipbuilding contracts, ship management and sale & purchase agreements will typically be subject to arbitration. Given the international character of shipping,...
|Second Circuit Defines ‘Customer’ Under FINRA Arbitration Rules|
David C. Boch, Michael C. Moran; Bingham McCutchen LLP;
August 22, 2014, previously published on August 15, 2014The U.S. Court of Appeals for the Second Circuit has provided a measure of clarity in limiting the definition of a “customer” who may bring a FINRA arbitration under FINRA Rule 12200. The decision is significant for those member firms that provide a broad array of financial services...
|Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration|
Rebecca R. Hanson; Foley & Lardner LLP;
August 22, 2014, previously published on August 18, 2014Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate employment and wage and hour class action litigation risk. For employers who...
|FINRA Announces Creation of Arbitration Task Force|
August 21, 2014, previously published on August 2014On July 17, 2014, the Financial Industry Regulation Authority (“FINRA”) announced the formation of a task force to consider and recommend changes to the FINRA arbitration process. The task force’s stated mission is to “consider possible enhancements to its arbitration forum...
|The Most Important Issue in Arbitration|
Terry L. Potter; Husch Blackwell LLP;
August 21, 2014, previously published on August 18, 2014I am commonly asked what I believe is the most important issue when it comes to arbitration. For me the answer is always the same, whether we are talking about a labor arbitration, a construction dispute, or any other arbitration. The most important issue in any arbitration is the selection of...
|Transfer Pricing Court Cases|
Dentons Canada LLP;
August 14, 2014, previously published on July 31, 2014A series of tax disputes involving Russian automotive market distributors (namely, Mazda Motors Rus, Suzuki Motors Rus, and Hyundai Motor CIS) and the application of art. 40 RF TC is currently before the commercial courts. The distributors posted losses for 2009-2010 which, in the opinion of the...
|Supreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals|
Michael Feder, Tammy Shoranick, Herman Van Ommen; McCarthy Tétrault LLP;
August 11, 2014, previously published on August 6, 2014The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 will drastically limit appeals of arbitral awards in British Columbia, and has far-reaching implications for the law of contractual interpretation throughout Canada.