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Documents on alternative dispute resolution

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HTMLGetting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...


HTMLGot Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration
Rebecca R. Hanson; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate employment and wage and hour class action litigation risk. For employers who...


HTMLSecond Circuit Defines ‘Customer’ Under FINRA Arbitration Rules
David C. Boch, Michael C. Moran; Bingham McCutchen LLP;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
The U.S. Court of Appeals for the Second Circuit has provided a measure of clarity in limiting the definition of a “customer” who may bring a FINRA arbitration under FINRA Rule 12200. The decision is significant for those member firms that provide a broad array of financial services...


HTMLArbitration and Ship Arrest in Hong Kong: Post-award arrest in Handytankers KS v. Owners of The Alas
Bill Amos; Mayer Brown JSM;
Legal Alert/Article
August 22, 2014, previously published on August 20, 2014
The maritime industry has traditionally favoured arbitration as a method of dispute resolution. Disputes under charterparties, shipbuilding contracts, ship management and sale & purchase agreements will typically be subject to arbitration. Given the international character of shipping,...


HTMLThe Most Important Issue in Arbitration
Terry L. Potter; Husch Blackwell LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
I am commonly asked what I believe is the most important issue when it comes to arbitration. For me the answer is always the same, whether we are talking about a labor arbitration, a construction dispute, or any other arbitration. The most important issue in any arbitration is the selection of...


HTMLFINRA Announces Creation of Arbitration Task Force
Rogers Hardin;
Legal Alert/Article
August 21, 2014, previously published on August 2014
On July 17, 2014, the Financial Industry Regulation Authority (“FINRA”) announced the formation of a task force to consider and recommend changes to the FINRA arbitration process. The task force’s stated mission is to “consider possible enhancements to its arbitration forum...


HTMLTransfer Pricing Court Cases
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 31, 2014
A 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...


HTMLSupreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals
Michael Feder, Tammy Shoranick, Herman Van Ommen; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
The 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.


HTMLAmerican Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
Clients 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.


HTMLThird Circuit Rules Class Arbitration a Question for the Courts
Evan H. Lechtman, Jeffrey N. Rosenthal; Blank Rome LLP;
Legal Alert/Article
August 6, 2014, previously published on August 2014
In 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...


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