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Documents on alternative dispute resolution
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|Arbitration and Ship Arrest in Hong Kong: Post-award arrest in Handytankers KS v. Owners of The Alas|
Bill Amos; Mayer Brown JSM;
August 22, 2014, previously published on August 20, 2014The 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,...
|The Most Important Issue in Arbitration|
Terry L. Potter; Husch Blackwell LLP;
August 21, 2014, previously published on August 18, 2014I 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...
|FINRA Announces Creation of Arbitration Task Force|
August 21, 2014, previously published on August 2014On 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...
|Transfer Pricing Court Cases|
Dentons Canada LLP;
August 14, 2014, previously published on July 31, 2014A 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...
|Supreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals|
Michael Feder, Tammy Shoranick, Herman Van Ommen; McCarthy Tétrault LLP;
August 11, 2014, previously published on August 6, 2014The 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.
|American Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations|
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
August 6, 2014, previously published on August 4, 2014Clients 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.
|Third Circuit Rules Class Arbitration a Question for the Courts|
Evan H. Lechtman, Jeffrey N. Rosenthal; Blank Rome LLP;
August 6, 2014, previously published on August 2014In 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...
|The Impact of Social Media on Privacy: Why You Need a Social Media Policy|
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
August 6, 2014, previously published on Summer 2014One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v Chatham-Kent (Municipality),  OLAA No 135 (QL), the grievor was a personal caregiver with eight years’ service and some history of discipline. She...
|The Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order|
Hera S. Arsen, J.D., Ph.D., Ron Chapman, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 6, 2014, previously published on August 1, 2014As we discussed yesterday in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” this week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal contractors will be required to disclose labor law violations and...
|Second Circuit Adopts Bright-Line Rule For Determining Customer Status For Mandatory FINRA Arbitration: Court Rules that for Purposes of Demanding FINRA Arbitration, “Customers” of FINRA Members Are Those Who Either Purchase a Good or Service from a FINRA Member or Have an Account with a FINRA Member|
Sullivan Cromwell LLP;
August 5, 2014, previously published on August 4, 2014On Friday, August 1, 2014, the Second Circuit issued its decision in Citigroup Global Markets, Inc. v. Abbar, No. 13 2172 (2d Cir. Aug. 1, 2014), a case addressing the Financial Industry Regulatory Authority rule that FINRA members must consent to mandatory arbitration of disputes with any...