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Documents on alternative dispute resolution

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HTMLChoice of Contractual Governing Law: A Key Risk Management Tool
Stephen Antle; Borden Ladner Gervais LLP;
Legal Alert/Article
July 9, 2014, previously published on July 4, 2014
This is the first in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes. This bulletin is about choice of contractual governing law - a key risk management tool in international business transactions.


HTMLArbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds
Jackson Lewis P.C.;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal has ruled. Malone v. Superior Court, No. B253891 (Cal. Ct. App. June 17, 2014).


HTMLCalifornia Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims
Michael S. Arnold, Evan Nadel, Jennifer B. Rubin, Dominique Windberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 4, 2014, previously published on June 30, 2014
The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the right to pursue a class action in any forum. The California Supreme Court...


HTMLAlberta Court of Queen's Bench Upholds Restrictive Covenant in Insurance Industry
Melissa Tennison; Davis LLP;
Legal Alert/Article
July 3, 2014, previously published on June 26, 2014
The Alberta Court of Queen’s Bench in Renfrew Insurance Ltd. v. Cortese, 2014 ABQB 157 recently granted the Plaintiff, Renfrew Insurance Ltd. (“Renfrew”), an interlocutory injunction restraining two of its former employees, Mr. Cortese and Mr. Reed, from the following:


HTMLReasonable Expectations - the Expansion of Online Privacy Rights
Stephen Mulrain; Davis LLP;
Legal Alert/Article
July 3, 2014, previously published on June 18, 2014
In its June 13, 2014 decision in R v. Spencer, the Supreme Court of Canada has begun what will undoubtedly be a long process of delineating the privacy rights of Canadians in their online activities. Justice Cromwell, writing for the Court, started his reasons by noting that the internet has raised...


HTMLWhat Happens in a Mediation Stays in a Mediation - If Your Agreement Clearly Says So
Melissa Tennison; Davis LLP;
Legal Alert/Article
July 3, 2014, previously published on May 27, 2014
The Supreme Court of Canada has recently decided an interesting case regarding the intersection of an absolute confidentiality clause in mediation with the exception to the common law settlement privilege that allows a party to rely on what was said in the mediation to enforce any settlement...


HTMLTwo California Appellate Decisions “Delegate” Authority From Courts to Arbitrators
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Two divisions of the California Court of Appeal recently issued two significant decisions on arbitration agreements. Both courts held that a trial court lacks authority to determine the enforceability of an arbitration agreement if the agreement has a provision delegating that authority to an...


HTMLDelaware Supreme Court Clarifies Standard Required To Vacate An Arbitration Award Under The Delaware Arbitration Act
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
In SPX Corp. v. Garda USA, Inc., a case involving the appeal of a Court of Chancery decision to vacate an arbitration award, the Supreme Court of Delaware held that the arbitration award was not without basis in the parties’ contract and submissions, and thus was not subject to vacatur under...


HTMLBattling the Dragons: Would Moral Rights Have Made a Difference in Recent Dragons’ Den Case?
Amy Pressman, Andy Radhakant; Davis LLP;
Legal Alert/Article
June 30, 2014, previously published on June 19, 2014
On May 22, 2014, the Supreme Court of Canada (“SCC”) refused to grant leave to appeal to Quebec lawyer Marc Ribeiro and his company MHR Board Game Design Inc. in an Ontario lawsuit that Mr. Ribeiro and his company brought against the national public broadcaster, the Canadian...


HTMLDelegation Clause Directing an Arbitrator to Decide Enforceability of an Arbitration Agreement Enforceable in California
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: In Tiri v. Lucky Chances, Inc., the defendant-employer filed a motion to compel arbitration of its former employee’s wrongful discharge action. The parties had entered into a written arbitration agreement that contained an explicit agreement to delegate to the arbitrator any...


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