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Documents on alternative dispute resolution
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|Promoting Settlement in International Arbitration|
Leyla Orak Celikboya; Erdem Erdem Law Office;
March 24, 2016, previously published on March 23, 2016“[E]very arbitrator’s perception of his or her role will be shaped by the legal and procedural culture with which he or she is most familiar.” International arbitration is, in fact, a hub for practitioners from various legal backgrounds. Applicable rules of procedure, place and...
|Document Production Requests pursuant to IBA Rules on the Taking of Evidence in International Arbitration - I|
Babur Ezgi; Erdem Erdem Law Office;
March 1, 2016, previously published on February 10, 2016Evidentiary issues in international arbitration are of great importance, based on their impact on fulfilling the burden of proof, and consequently, on the decisions on merits. The taking of evidence is regulated under the International Bar Association (“IBA”) Rules on the Taking of...
|Istanbul Arbitration Center Rules of Arbitration|
Erdem Erdem Law Office;
March 1, 2016, previously published on February 10, 2016The first step towards establishing an International Center of Finance in Istanbul was taken through a resolution of the Turkish Higher Planning Council. One of the pillars of the Istanbul Finance Center and one of its priorities is the establishment of an independent and autonomous...
|Provision Agreeing to Not Challenge Arbitration Award Voided by Georgia Court|
Neil S. Lowenstein; Vandeventer Black LLP;
February 11, 2016, previously published on January 2016An increasingly popular arbitration clause provision is language purporting to waive later challenge to the arbitration award. In a recent decision in Atlanta Flooring Design Centers, Inc. v. R.G. Williams Constr., Inc., 733 S.E.2d 868 (April 2015), the Georgia Court of Appeals held such waiver...
|Softening Sanctions Against Iran: A Canadian Perspective|
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
February 10, 2016, previously published on January 27, 2016On January 26, 2016 Foreign Affairs Minister Stéphane Dion confirmed that Canada intends to normalize relations with Iran, and to begin lifting its Iranian economic sanctions. This comes just 10 days after "Implementation Day" arrived for the Iran Joint Comprehensive Plan of Action...
|Groundhog Day Revisited|
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
February 10, 2016, previously published on February 2016In honor of Groundhog Day (both the holiday and the 1993 film starting Bill Murray) I thought I would devote this edition to the problem of TIME - that is, timing-related issues that repeatedly surface in mediation.
|Action to Set Aside as per the International Arbitration Act|
Erdem Erdem Law Office;
February 4, 2016, previously published on January 8, 2016In accordance with International Arbitration Act numbered 4686 (“IAA”), the only legal remedy for arbitral awards is the action to set aside. One of the most significant aspects of selecting arbitration as a dispute resolution method is that most of the legal systems lack regulations...
|Massachusetts Trial Court Showing Deference to Arbitration as Sutow and Harelick Decisions Hew to Policy Favoring Arbitration|
Michael B. Donahue; Duane Morris LLP;
January 19, 2016, previously published on December 15, 2015For many reasons, it’s good to be New England Patriots quarterback Tom Brady in Boston. However, in light of two recent Massachusetts trial court decisions, it may have been good for him that he was not in court in Boston over the summer when challenging the NFL’s adverse arbitration...
|Preliminary Relief in Arbitration|
Peter R. Silverman; Shumaker, Loop & Kendrick, LLP;
January 14, 2016, previously published on Autumn 2015A historical drawback to arbitration was that parties couldn’t obtain emergency relief from an arbitrator to preserve the status quo pending the full arbitration. Parties seeking emergency relief needed to go to court to obtain a temporary restraining order or preliminary injunction.
|Singapore High Court Provides Guidance on Stays of Arbitral Proceedings|
John Rainbird, Matthew J. Skinner; Jones Day;
January 4, 2016, previously published on December 2015A recent decision of the Singapore High Court has clarified the circumstances in which it will order a stay of arbitral proceedings pending a challenge to the tribunal's jurisdiction.