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Documents on alternative dispute resolution
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|What about the Common Law? Developments in South Africa's Law of International Arbitration|
Cliffe Dekker Hofmeyr, Jonathan Ripley-Evans; DLA Piper (Canada) LLP;
September 9, 2015, previously published on July 13, 2015South 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...
|Mediation in the Electronic Age: Physical Presence, Lifelines and Self-determination|
Brian P. Battaglia Law;
September 2, 2015, previously published by ADR Section of the Florida Bar
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...
on Spring 2015
|Is it possible to have an Emergency Arbitrator in Bulgaria?|
Metodi Baykushev, Martin Zahariev; Dimitrov, Petrov & Co.;
September 1, 2015, previously published on August 31, 2015Nowadays 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:...
|California Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights|
Conor J. Dale, Sherry L. Swieca; Jackson Lewis P.C.;
August 7, 2015, previously published on August 4, 2015An 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...
|Canadian Government Issues New Sanctions Against Russia|
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
July 14, 2015, previously published on July 13, 2015On 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...
|Divisional Court Upholds The Law Society Of Upper Canada’s Decision Regarding Trinity Western University|
Duncan A.W. Ault, Nadia Effendi; Borden Ladner Gervais LLP;
July 14, 2015, previously published on July 8, 2015On 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).
|New York Tests Daimler's Limits with Its Consent-to-Jurisdiction Rule for Foreign Companies Registering to Do Business in the State|
Harold K. Gordon, Sevan Ogulluk; Jones Day;
July 3, 2015, previously published on June 2015The U.S. Supreme Court's 2014 blockbuster holding in Daimler AG v. Bauman significantly limited the circumstances in which U.S. courts can exercise general jurisdiction over foreign corporate defendants. Commonly referred to as "all-purpose" jurisdiction, general jurisdiction authorizes...
|The Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals|
Marcus A. Manos; Nexsen Pruet, LLC;
June 23, 2015, previously published on June 8, 2015Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...
|Limits on Investigative Receiverships: Akagi v. Synergy Group (2000) Inc., 2015 Onca 368|
Barry H. Bresner, Ewa Krajewska; Marshall Dennehey Warner Coleman Goggin P.C.;
June 16, 2015, previously published on June 1, 2015In Akagi v Synergy Group (2000) Inc.1, the Ontario Court of Appeal clarified the limits of the duties of receivers appointed by the court to enforce judgment debts, the scope of “investigative receiverships” and the jurisdiction of the Superior Court to encumber the assets of...
|Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement|
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 16, 2015, previously published on June 11, 2015In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...