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Documents on alternative dispute resolution
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|The B.C. Civil Resolution Tribunal And Online Dispute Resolution: Will It Work For Your Business?|
Julia Bennett, Christopher McHardy; McCarthy Tétrault LLP;
July 17, 2014, previously published on June 30, 2014This fall, British Columbians will have a new option for resolving small claims disputes. The new Civil Resolution Tribunal will use a mix of online platforms, telephone, videoconferencing, mail and in some cases, in-person meetings, to resolve small claims matters under $25,000 and certain strata...
|Enforcing and Possibly Escaping Construction Arbitration Clauses|
Crighton T. Allen; Hall Booth Smith P.C.;
July 15, 2014, previously published on July 10, 2014The use of private arbitration to resolve disputes in the construction industry has, for many years, been a popular alternative to traditional litigation. Perhaps the most attractive feature of arbitration is the degree of control over the dispute resolution process that it affords parties. ...
|Bank Guarantees and Shipbuilding Contracts with Mainland Shipyards|
Bill Amos; Mayer Brown JSM;
July 14, 2014, previously published on July 10, 2014For a shipowner the process of buying a new vessel from a shipyard can be a hazardous venture, much riskier than buying an existing, second-hand vessel. This is because the shipowner has to part with millions of dollars “up front” to a shipyard/builder, by way of payment instalments to...
|Choice of Contractual Governing Law: A Key Risk Management Tool|
Stephen Antle; Borden Ladner Gervais LLP;
July 9, 2014, previously published on July 4, 2014This 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.
|Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds|
Jackson Lewis P.C.;
July 8, 2014, previously published on June 30, 2014A 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).
|California 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.;
July 4, 2014, previously published on June 30, 2014The 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...
|What Happens in a Mediation Stays in a Mediation - If Your Agreement Clearly Says So|
Melissa Tennison; Davis LLP;
July 3, 2014, previously published on May 27, 2014The 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...
|Reasonable Expectations - the Expansion of Online Privacy Rights|
Stephen Mulrain; Davis LLP;
July 3, 2014, previously published on June 18, 2014In 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...
|Alberta Court of Queen's Bench Upholds Restrictive Covenant in Insurance Industry|
Melissa Tennison; Davis LLP;
July 3, 2014, previously published on June 26, 2014The 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:
|Two California Appellate Decisions “Delegate” Authority From Courts to Arbitrators|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
July 2, 2014, previously published on June 27, 2014Two 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...