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Documents on alternative dispute resolution
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|ICSID Tribunal Orders Claimants to Disclose Details of Third-Party Funder|
Ji-Whan Bang, Elinor Thomas; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 13, 2015In 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...
|CON Laws, COPAs and the FTC: 7 Antitrust Points for the Healthcare Sector|
Steven Levitsky, Lesli C. sposito; DLA Piper (Canada) LLP;
September 10, 2015, previously published on August 6, 2015The 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.
|Is There a Lesson from Dunkin’ Donuts for Franchisors Outside Quebec?|
M. Sandra Appel; DLA Piper (Canada) LLP;
September 10, 2015, previously published on August 21, 2015The 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...
|What you need to know about TTIP|
Talia Taylor; DLA Piper (Canada) LLP;
September 9, 2015, previously published on July 13, 2015TTIP (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,...
|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...
|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).
|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...