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Documents on alternative dispute resolution

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HTMLDocument Production Requests pursuant to IBA Rules on the Taking of Evidence in International Arbitration - I
Babur Ezgi; Erdem Erdem Law Office;
Legal Alert/Article
March 1, 2016, previously published on February 10, 2016
Evidentiary 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...


HTMLProvision Agreeing to Not Challenge Arbitration Award Voided by Georgia Court
Neil S. Lowenstein; Vandeventer Black LLP;
Legal Alert/Article
February 11, 2016, previously published on January 2016
An 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...


HTMLSoftening Sanctions Against Iran: A Canadian Perspective
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
Legal Alert/Article
February 10, 2016, previously published on January 27, 2016
On 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...


Adobe PDFGroundhog Day Revisited
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 10, 2016, previously published on February 2016
In 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.


HTMLAction to Set Aside as per the International Arbitration Act
Erdem Erdem Law Office;
Legal Alert/Article
February 4, 2016, previously published on January 8, 2016
In 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...


HTMLMassachusetts Trial Court Showing Deference to Arbitration as Sutow and Harelick Decisions Hew to Policy Favoring Arbitration
Michael B. Donahue; Duane Morris LLP;
Legal Alert/Article
January 19, 2016, previously published on December 15, 2015
For 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...


Adobe PDFPreliminary Relief in Arbitration
Peter R. Silverman; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 14, 2016, previously published on Autumn 2015
A 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.


HTMLSingapore High Court Provides Guidance on Stays of Arbitral Proceedings
John Rainbird, Matthew J. Skinner; Jones Day;
Legal Alert/Article
January 4, 2016, previously published on December 2015
A 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.


HTMLNew Claims subsequent to the Terms of Reference in ICC Arbitrations
Ezgi Babur; Erdem Erdem Law Office;
Legal Alert/Article
December 11, 2015
In International Chamber of Commerce (“ICC”) arbitrations, new claims that are subsequent to the terms of reference are subject to the arbitral tribunal’s authorization. Article 23(4) of the ICC Arbitration Rules (“Rules”) give discretion to the arbitral tribunal by...


HTMLThird Party Funders in Arbitration
Leyla Orak Celikboya; Erdem Erdem Law Office;
Legal Alert/Article
December 3, 2015, previously published on October 2, 2015
Third party financing or third party funding may be defined as the financing of arbitration costs of one of the parties by a third person who is not related to the claim[1].


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