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Documents on alternative dispute resolution
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|New Claims subsequent to the Terms of Reference in ICC Arbitrations|
Ezgi Babur; Erdem Erdem Law Office;
December 11, 2015In International Chamber of Commerce (“ICC”) arbitrations, new claims that are subsequent to the terms of reference are subject to the arbitral tribunal’s authorization. Article 23(4) of the ICC Arbitration Rules (“Rules”) give discretion to the arbitral tribunal by...
|Third Party Funders in Arbitration|
Leyla Orak Celikboya; Erdem Erdem Law Office;
December 3, 2015, previously published on October 2, 2015Third party financing or third party funding may be defined as the financing of arbitration costs of one of the parties by a third person who is not related to the claim.
|Drafting Arbitration Agreements|
Erdem Erdem Law Office;
November 26, 2015, previously published on August 8, 2015Arbitration agreements are the essential basis of international arbitration. A successful arbitration starts with a successful arbitration agreement. The arbitration agreement reflects the parties’ consent to submit present or future disputes to arbitration. Unsuccessfully drafted arbitration...
|UNCITRAL Rules on Transparency in Treaty-Based Investor- State Arbitration|
mehves Erdem; Erdem Erdem Law Office;
November 26, 2015, previously published on August 8, 2015In July 2013 the United Nations Commission on International Trade Law (“UNCITRAL”) adopted rules for Treaty-based Investor- State arbitration to provide transparency (“Rules”). The rules came into force on April 1, 2014. The Rules are considered as an important step taken in...
|Enforcement of Interim and Conservatory Measures Ordered by Arbitrators|
Ezgi Babur; Erdem Erdem Law Office;
November 26, 2015, previously published on September 7, 2015The importance of interim and conservatory measures ordered by arbitrators has been widely recognized in international arbitration, since the important sets of rules regulating arbitrations set forth provisions enabling the arbitral tribunal to rule on these measures. Interim and conservatory...
|Arbitration Clauses Incorporated by Reference|
Fatih Isik; Erdem Erdem Law Office;
November 6, 2015, previously published on July 5, 2015Standard contracts and general terms and conditions are commonly used in international trade to agree upon the details of the contracts, and to minimize negotiations. Standardized rules and contracts that are used in such a manner are incorporated via reference into the text of the main agreement...
|Alternative Dispute Resolution: What to Know About Avoiding the Courtroom|
Caitlin Culhane Grant; Lerch, Early & Brewer, Chartered;
October 22, 2015, previously published on October 9, 2015With the vast majority of lawsuits resolved without going to trial, companies should be aware of the pros and cons of options for avoiding the courtroom. Alternative dispute resolution (ADR) is the term applied to resolution of a case outside of the courtroom, and it can take many forms.
|New Court for Resolution of Financial Markets Disputes in the UK|
Andrew Briggs, Adam Rooney; Greenberg Traurig Maher LLP;
October 20, 2015, previously published on October 2, 2015With many members and users of the financial markets choosing English law to govern their relationships, and recognising the UK as a global financial hub, a new court to deal with disputes between them is to be set up in London. The launch of the “Financial List” on 1 October 2015 is...
|Third Circuit Adopts "Constructive Knowledge" Standard for Post-Award Attempts to Disqualify Arbitrators|
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
October 8, 2015, previously published on September 2015In a recent opinion addressing an issue of first impression for the court, the United States Court of Appeals for the Third Circuit held that a “constructive knowledge” standard applies to post-award challenges to an arbitrator’s qualification to serve.
|California Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds|
Sherry L. Swieca; Jackson Lewis P.C.;
October 6, 2015, previously published on September 29, 2015Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of...