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Documents on alternative dispute resolution
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|Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement|
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 16, 2015, previously published on June 11, 2015In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...
|Preventing a Proprietary Estoppel Claim|
Paul Hewitt, Geoffrey Kertesz; Withers Bergman LLP;
May 15, 2015, previously published on May 12, 2015Yet this unhappy family dispute is precisely the situation that confronted Paul Hewitt and Geoffrey Kertesz. After various twists and turns, the dispute was resolved shortly after a contested hearing not on the merits, but on a procedural point, namely whether the claimants could introduce a new...
|California Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review|
Carmine Joseph Pearl; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 13, 2015, previously published on May 4, 2015Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to compel arbitration. In applying California’s Armendariz...
|In Bronx Prayer Service Case, Arbitration Award in Favor of Defendant on Liability|
Irwin D. Miller; Abrams, Gorelick, Friedman & Jacobson, LLP;
May 12, 2015Numerous inconsistencies in the plaintiff's testimony led a JAMS Arbitrator to find in favor of the defendant property owner in an action alleging serious injuries from a fall in a darkened stairway behind a boiler room door.
|Singapore Signs Hague Convention on Choice of Court Agreements|
Zara Shafruddin, Matthew J. Skinner; Jones Day;
May 7, 2015, previously published on April 2015In its latest maneuver to distinguish itself as a leading hub for international dispute resolution, Singapore signed the Hague Convention on Choice of Court Agreements (the "Convention") on March 25, 2015.
|Supreme Court (Sort of) Allows Courts To Review EEOC Mediation Efforts|
Edward F. Harold; Fisher & Phillips LLP;
May 4, 2015, previously published on April 29, 2015Today, the Supreme Court unanimously held that the Equal Employment Opportunity Commission’s statutory duty to conciliate to remedy a Title VII violation prior to filing a lawsuit on the violation is subject to some level of judicial review. Mach Mining v. EEOC.
|An Insight into Issues Affecting UK Arbitration: a One-On-One Interview with Dan Bodle|
Dan Bodle; Dentons Canada LLP;
May 4, 2015, previously published on April 14, 2015In Corporate Disputes Magazine's April issue, Dan Bodle answers some key questions facing arbitration in the UK. The Q&A covers pressing topics such as the likely development of arbitration in the UK over the next five years, the speed of the arbitral process and the UK's status as a global centre...
|Considerations for Alternative Dispute Resolution|
Ari H. Jaffe; Kohrman Jackson & Krantz PLL;
April 27, 2015All attorneys are familiar with state and federal courts, and most attorneys are familiar with alternative dispute resolution and the well-used institutions of the American Arbitration Association (AAA) and Judicial Arbitration and mediation Services (JAMS). Beyond this, there exist whole other...
|Litigation. Major Russian Legislation Changes for 2014|
Mikhail Ivanov, Roman Zaitsev; Dentons Canada LLP;
April 22, 2015, previously published on February 11, 2015The constitutional reform announced in 2013 was completed on August 6, 2014 with the abolition of the RF Supreme Commercial Court and the opening of the new RF Supreme Court. The Supreme Court becomes the highest instance for consideration of practically all judicial disputes, whether in the courts...
|Revised Uniform Arbitration Act (Senate Bill 37)|
Mark H. Dellinger, Robert J. Kent, Ashley Hardesty Odell, Brian M. Peterson; Bowles Rice LLP;
April 14, 2015, previously published on March 16, 2015Arbitration has become a much more common process for resolving employment disputes between employers and employees. Today, for instance, many employment contracts typically contain provisions requiring the parties to arbitrate their employment disputes. Likewise, some non-union employers...