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Documents on alternative dispute resolution

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HTMLIndirect Causation Accepted by Australian Court in Shareholder Claim
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
July 22, 2016, previously published on July 2016
The plaintiffs acquired HIH shares between 26 October 1998 and 15 March 2001. The plaintiffs contended, and the defendants admitted, that HIH had released misleading and deceptive financial results during this period.


HTMLSingapore International Arbitration Centre Releases Sixth Edition of Arbitration Rules
Duane Morris LLP;
Legal Alert/Article
July 21, 2016, previously published on July 7, 2016
The Singapore International Arbitration Centre (“SIAC”) has released the sixth edition of its Arbitration Rules (“SIAC Rules 2016”), which will be effective on 1 August 2016.


HTMLOntario Court of Appeal Upholds Law Society's Decision to Deny Accreditation to Trinity Western University
Nadia Effendi, Heather Pessione; Borden Ladner Gervais LLP;
Legal Alert/Article
July 14, 2016, previously published on June 30, 2016
Trinity Western University v. Law Society of Upper Canada, 2016 ONCA 518


HTMLBrexit: What Does it Mean for Canada?
Jennifer Radford, Gregory A. Tereposky; Borden Ladner Gervais LLP;
Legal Alert/Article
July 7, 2016, previously published on June 24, 2016
On June 23, 2016, a much anticipated historic referendum took place on whether the United Kingdom (UK) should leave or remain in the European Union (EU). The leave side won, by a margin of 52% to 48%. The referendum turnout was 71.8%, with more than 30 million people voting. It was the highest...


HTMLThird Party Funding in Arbitration
Hugh A. Meighen, Ira Nishisato; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 13, 2016
Third party funding (TPF) is an arrangement whereby a party (the funder), which typically has no prior interest in a dispute, will fund the legal costs of a claimant, usually on the basis that the funder will only be paid out of the proceeds of any amounts recovered following a successful outcome...


HTMLThe Demand Approach: Fifth Circuit Clarifies That Arbitration Demand, Not Award, Determines Amount in Controversy
John H. Dollarhide; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on June 8, 2016
In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in arbitration determined whether the $75,000 amount-in-controversy threshold was met...


HTMLArbitration Agreements: Make Your Own Rules of Civil Procedure
Kevin C. Baltz; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on May 24, 2016
Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly perceived perks of expediency and value) is a party’s ability to...


HTML2 Recent Nursing Home Arbitration Cases
Christopher B. Hopkins; McDonald Hopkins LLC;
Legal Alert/Article
June 2, 2016, previously published on May 11, 2016
The Second and Fifth District Courts of Appeal simultaneously issued two opinions regarding arbitration enforcement in the nursing home context and, in one case, the Fifth DCA certified an issue to the Florida Supreme Court as one of “great public importance.” The nursing home setting...


HTMLMiami International Commercial Arbitration Court: Another Reason Why Miami Is Becoming the Preferred Seat for Latin American Arbitrations
Carlos F. Concepcion, Thomas E. Lynch, Ana Maria Cristina Perez Soto, Ricardo Hugo Puente, Johanna Oliver Rousseaux; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
Miami rapidly is becoming the preferred venue for international commercial arbitrations involving Latin American parties. This is so not only because of Miami's geographical proximity to Latin America, large pool of legal professionals with Spanish and Portuguese language capabilities, and close...


HTMLPromoting Settlement in International Arbitration
Leyla Orak Celikboya; Erdem Erdem Law Office;
Legal Alert/Article
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.”[1] International arbitration is, in fact, a hub for practitioners from various legal backgrounds. Applicable rules of procedure, place and...


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