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Documents on alternative dispute resolution
 

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HTMLThe B.C. Civil Resolution Tribunal And Online Dispute Resolution: Will It Work For Your Business?
Julia Bennett, Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
July 17, 2014, previously published on June 30, 2014
This 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...

 

HTMLEnforcing and Possibly Escaping Construction Arbitration Clauses
Crighton T. Allen; Hall Booth Smith P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
The 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. ...

 

HTMLBank Guarantees and Shipbuilding Contracts with Mainland Shipyards
Bill Amos; Mayer Brown JSM;
Legal Alert/Article
July 14, 2014, previously published on July 10, 2014
For 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...

 

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...

 

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...

 

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:

 

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...

 


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