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Documents on alternative dispute resolution
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Zohar Barzilai, Gregory Hogan, Alexandra Iliopoulos, Alexander Pizale, Andrew Spencer; Cassels Brock & Blackwell LLP;
September 23, 2014, previously published on September 11, 2014Before automatically including an arbitration clause in a commercial agreement, consider whether you really need one.
|The Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action|
David T. Neave, Rebecca R. von Rüti; Davis LLP;
September 23, 2014, previously published on September 22, 2014On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...
|Missouri Supreme Court Invalidates Arbitration Agreement and Casts Doubt on Whether Continued Employment Constitutes Sufficient Consideration in Non-Compete Agreements|
McMahon Berger A Professional Corporation;
September 22, 2014, previously published on September 9, 2014Late last month, the Missouri Supreme Court ruled in Baker v. Bristol Care that continued employment was insufficient consideration for enforcing an arbitration agreement. The decision casts doubt on some arbitration agreements many employers have utilized to avoid costly and protracted court...
|Fourth Circuit Affirms Lower Court’s Dismissal of Complaint to Permit Arbitration on Grounds of Equitable Estoppel|
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
September 19, 2014, previously published on September 2014In Keanna Lomax v. Weinstock, Friedman & Friedman, the United States Court of Appeals for the Fourth Circuit was asked to determine whether the district court erred in dismissing, without prejudice, Plaintiff Keanna Lomax’s amended complaint to permit arbitration. Lomax’s complaint...
|New LCIA Rules come into force on 1 October 2014|
Deliya Meylanova, Eleni Polycarpou; Withers Bergman LLP;
September 18, 2014, previously published on September 16, 2014In July the LCIA adopted the final version of the new LCIA Rules which come into force on 1 October 2014. This is welcome modernisation of those rules which have been in place since 1998, and arriving hot on the heels of new rules having been adopted by a number of other institutions in the last 2...
|Canada’s Highest Court Affords Substantial Deference to Arbitral Process|
Debbie Asirvatham, Craig Chiasson; Borden Ladner Gervais LLP;
September 15, 2014, previously published on September 11, 2014In Sattva Capital Corp v Creston Moly Corp (2014 SCC 53) the Supreme Court, in the context of a challenge to a domestic arbitral award, has reaffirmed Canada’s longstanding pro-arbitration stance.
|Too Late to Compel Arbitration? Think Again!|
Yonaton Aronoff; Foley & Lardner LLP;
September 12, 2014, previously published on September 8, 2014In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association provides a helpful guideline for drafting mandatory dispute resolution...
|Second Circuit Defines “Customer” for Mandatory FINRA Arbitration|
Manuel F. Gomez, Jeff Kern; Sheppard, Mullin, Richter & Hampton LLP;
September 10, 2014, previously published on September 4, 2014In a case of first impression, the United States Court of Appeals for the Second Circuit in Citigroup Global Markets, Inc. v. Abbar, No. 13-2172, 2014 WL 3765867 (2d Cir. Aug. 1, 2014), established a bright-line definition of “customer” under FINRA’s mandatory arbitration...
|California Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement|
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 4, 2014, previously published on September 2, 2014When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what happens to the class claims? A California appellate court recently addressed...
|New AAA Consumer Arbitration Rules Go Into Effect September 1|
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
September 2, 2014, previously published on August 2014The American Arbitration Association (AAA) has released a set of stand-alone rules that apply to arbitrations involving consumer disputes. The rules go into effect September 1, 2014. To date, the AAA has been administering consumer arbitrations under its Consumer-Related Disputes Supplementary...