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Documents on alternative dispute resolution
 

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HTMLICSID Tribunal Orders Claimants to Disclose Details of Third-Party Funder
Ji-Whan Bang, Elinor Thomas; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 13, 2015
In what appears to be the first decision of its kind, an ICSID tribunal in the case of Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan has ordered the claimants in the proceedings to disclose the identity of their third-party funder, as well as to provide...

 

HTMLCON Laws, COPAs and the FTC: 7 Antitrust Points for the Healthcare Sector
Steven Levitsky, Lesli C. sposito; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on August 6, 2015
The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected by state laws.

 

HTMLIs There a Lesson from Dunkin’ Donuts for Franchisors Outside Quebec?
M. Sandra Appel; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on August 21, 2015
The Quebec Court of Appeal has recently upheld the 2012 decision of the Superior Court awarding substantial damages - CA$10.9 million - to former franchisees of Dunkin’ Donuts.1 Application for leave to appeal was filed with the Supreme Court of Canada on June 15, 2015; a decision is expected...

 

HTMLWhat you need to know about TTIP
Talia Taylor; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 13, 2015
TTIP (the Transatlantic Trade and Investment Partnership) is a comprehensive trade and investment agreement currently being negotiated between the EU and the US. The main aims of the proposed agreement are to increase trade and investment between the US and EU through the reduction of tariffs,...

 

HTMLWhat about the Common Law? Developments in South Africa's Law of International Arbitration
Cliffe Dekker Hofmeyr, Jonathan Ripley-Evans; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 13, 2015
South Africa is a signatory to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention). Consequently, the South African courts are obliged to give effect to the provisions of the New York Convention and are consciously developing the...

 

HTMLMediation in the Electronic Age: Physical Presence, Lifelines and Self-determination
Brian P. Battaglia Law;
Legal Alert/Article
September 2, 2015, previously published by ADR Section of the Florida Bar

on Spring 2015
Article explores the applicable rules and issues in mediation concerning a party or representative's appearance at mediation by electronic means and applicable rules and issues that may arise during the mediation when there is a "request" for further consultation, with a non-party...

 

FILEIs it possible to have an Emergency Arbitrator in Bulgaria?
Metodi Baykushev, Martin Zahariev; Dimitrov, Petrov & Co.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
Nowadays rational businessmen seek rational solutions. That is why a growing number of companies worldwide choose arbitration as a dispute resolution method rather than litigation, when handling complex commercial disputes. The benefits of arbitration in comparison to litigation are well known:...

 

HTMLCalifornia Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights
Conor J. Dale, Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). The much-anticipated...

 

HTMLDivisional Court Upholds The Law Society Of Upper Canada’s Decision Regarding Trinity Western University
Duncan A.W. Ault, Nadia Effendi; Borden Ladner Gervais LLP;
Legal Alert/Article
July 14, 2015, previously published on July 8, 2015
On July 2, 2015, the Ontario Divisional Court released its decision in TrinityWestern University & Braydon Volkenant v. The Law Society of Upper Canada. Borden Ladner Gervais LLP (“BLG”) acted on behalf of the Law Society (Guy J. Pratte, Nadia Effendi and Duncan A.W. Ault).

 

HTMLCanadian Government Issues New Sanctions Against Russia
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
On June 29, 2015, the Canadian Government announced the imposition of additional sanctions against Russian individuals and organizations. This expansion of Canada’s economic sanctions against Russia is a response to what Prime Minister Stephen Harper has described as continued aggression in...

 


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