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Documents on alternative dispute resolution
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|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.
|Third Circuit Rules Class Arbitration a Question for the Courts|
Evan H. Lechtman, Jeffrey N. Rosenthal; Blank Rome LLP;
August 6, 2014, previously published on August 2014In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide...
|The Impact of Social Media on Privacy: Why You Need a Social Media Policy|
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
August 6, 2014, previously published on Summer 2014One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v Chatham-Kent (Municipality),  OLAA No 135 (QL), the grievor was a personal caregiver with eight years’ service and some history of discipline. She...
|The Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order|
Hera S. Arsen, J.D., Ph.D., Ron Chapman, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 6, 2014, previously published on August 1, 2014As we discussed yesterday in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” this week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal contractors will be required to disclose labor law violations and...
|American Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations|
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
August 6, 2014, previously published on August 4, 2014Clients are always looking for ways to manage costs of legal disputes. With tighter cashflows since the recession, many businesses are understandably asking for budgets and working with their attorneys to find strategies that reduce legal fees and litigation costs.
|Second Circuit Adopts Bright-Line Rule For Determining Customer Status For Mandatory FINRA Arbitration: Court Rules that for Purposes of Demanding FINRA Arbitration, “Customers” of FINRA Members Are Those Who Either Purchase a Good or Service from a FINRA Member or Have an Account with a FINRA Member|
Sullivan Cromwell LLP;
August 5, 2014, previously published on August 4, 2014On Friday, August 1, 2014, the Second Circuit issued its decision in Citigroup Global Markets, Inc. v. Abbar, No. 13 2172 (2d Cir. Aug. 1, 2014), a case addressing the Financial Industry Regulatory Authority rule that FINRA members must consent to mandatory arbitration of disputes with any...
|EU Sanctions: Update|
Withers Bergman LLP/Withers LLP;
August 2, 2014, previously published on July 28, 2014On 16 July 2014 at a special meeting of the European Council the EU decided to extend its sanctions so as to target entities, i.e. natural persons or legal entities ‘... that are materially or financially supporting actions undermining or threatening Ukraine’s sovereignty, territorial...
|Dispute over Jurisdiction between CADE and BACEN Reaches an End|
Eduardo Molan Gaban; Mayer Brown LLP;
July 31, 2014, previously published on July 11, 2014On July 9th, 2014, Judge Dias Toffoli of the Brazilian Supreme Court of Justice, decided in the BCN v. Administrative Council for Economic Defense (CADE) case (Appeal No. 664.189), that the Brazilian Central Bank (BC) has exclusive jurisdiction to analyze and rule on antitrust matters concerning...
|Champerty Doesn’t Pay! - HKSAR v. Ip Hon Ming & Others|
Marina O. K. Fung; Mayer Brown JSM;
July 31, 2014, previously published on July 28, 2014The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.