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Documents on alternative dispute resolution
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|Supreme Court of Canada Confirms Exclusivity of Montreal Convention on Airline Liability|
Elise Clavert, Laura Easton, Prasad Taksal; Davis LLP;
March 18, 2015, previously published on February 10, 2015On October 28, 2014, the Supreme Court of Canada, with a 5-2 majority, held that Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention”) provides exclusive recourse against airlines for claims arising in the course of international...
|Court of Appeal Confirms Counsel’s Role in Assisting Expert Witnesses|
Katherine A. Ruta; Davis LLP;
March 18, 2015, previously published on January 30, 2015On January 29, 2015, the Court of Appeal affirmed counsel’s role in assisting experts with preparation of their expert witness reports for trial. In a controversial decision handed down by Madam Justice Wilson of the Ontario Superior Court of Justice in January 2014, counsel’s practice...
|California Guidance on Complex Duty to Defend Disputes over Additional Insured Status|
Max H. Stern; Duane Morris LLP;
March 13, 2015, previously published on January 28, 2015In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly come up...
|Investment Protection in Africa|
Ryan P. Kelley; Greenberg Traurig, LLP;
March 13, 2015, previously published on February 12, 2015The risks and rewards of investing in an African country understandably have a significant influence over exactly where and when foreign investors choose to invest and over evaluations of ongoing investments. The host countries in which foreign investors do invest must similarly consider the risks...
|Moore v Getahun : No Wall of Silence Between Experts and Counsel|
Peter K. Doody, Heather Pessione; Borden Ladner Gervais LLP;
March 13, 2015, previously published on January 29, 2015An important decision of the Ontario Court of Appeal was released on January 29, 2015 overturning a trial decision which was critical of consultations between counsel and expert witnesses in preparing their reports.
|Contract Troubleshooting Tips|
Stephen Antle; Borden Ladner Gervais LLP;
March 13, 2015, previously published on January 19, 2015Contract troubleshooting is using the expertise gained in resolving contractual disputes in drafting contracts, to manage the risk of disputes by preventing them arising in the first place. This bulletin sets out some practical tips on how to do that.
|Recent Developments in Availability of U.S. Discovery in International Disputes|
Ilana Haramat; Greenberg Traurig LLP;
March 12, 2015, previously published on February 26, 2015Parties involved in Israeli or other non-U.S. court or arbitration proceedings involving persons or companies based in the U.S. may not be aware of their ability in certain cases to obtain discovery from those persons or companies under the broad U.S. discovery procedures.
|U.S. Discovery in International Disputes: Recent Developments in 28 U.S.C. §1782|
Scott E. Mortman; Greenberg Traurig, LLP;
March 4, 2015, previously published on March 02, 2015Parties involved in non-U.S. court or arbitration proceedings involving persons or companies based in the U.S. may not be aware of their ability in certain cases to obtain discovery from those persons or companies under the broad U.S. discovery procedures.
|New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation|
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 3, 2015, previously published on January 26, 2015Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of restricting the enforceability of arbitration clauses. If your...
|Unfair Forced Arbitration Favored by U.S. Supreme Court|
Katie Nealon; Brayton Purcell LLP;
March 3, 2015, previously published on February 3, 2015Forced arbitration is raising some serious concerns for consumers. In the arbitration process, those who have entered into the agreement must settle their disputes with a neutral intermediary in lieu of going to court. But many consumers do not know that they have agreed to such a thing after...