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Documents on alternative dispute resolution
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|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...
|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...
|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...
|Delaware Supreme Court Clarifies Standard Required To Vacate An Arbitration Award Under The Delaware Arbitration Act|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 1, 2014, previously published on June 2014In 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...
|Battling the Dragons: Would Moral Rights Have Made a Difference in Recent Dragons’ Den Case?|
Amy Pressman, Andy Radhakant; Davis LLP;
June 30, 2014, previously published on June 19, 2014On 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...
|Delegation 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;
June 30, 2014, previously published on June 24, 2014Decision: 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...
|Maryland Federal Court Rules That An Arbitration Provision In A Construction Contract Giving Only One Party The Right To Select Arbitration Is Unenforceable|
Michael C. Zisa; Peckar & Abramson, P.C.;
June 27, 2014In a recent United States District Court for the District of Maryland decision, U.S. ex rel. Birckhead Electric, Inc. v. James W. Ancel, Inc., 2014 WL 2574529 (D. Md. June 5, 2014), the Court found that an arbitration provision in a construction contract that binds only one party is unenforceable....
|California High Court: Class Action Waivers in Arbitration Valid, But Waivers of Representative Actions under State Law Are Not|
Jackson Lewis P.C.;
June 27, 2014, previously published on June 24, 2014The Federal Arbitration Act preempts California law disfavoring enforcement of a class action waiver in employment arbitration agreements, the California Supreme Court has held, overruling its prior holding to the contrary in Gentry v. Superior Court, 42 Cal. 4th 443 (2007). Iskanian v. CLS Transp....
|Iskanian v. CLS Transportation: California Supreme Court Gives Class Action Arbitration Waivers the Green Light|
Douglas J. Farmer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 25, 2014, previously published on June 23, 2014Today, in a decision with significant ramifications for California employers seeking to use class action arbitration waivers as a deterrent to wage and hour class action litigation, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, LLC,...
|Further Hurdles in the Ability to Schedule Timely JDRs|
Michael C. Barbero; McLennan Ross LLP;
June 24, 2014, previously published on June 4, 2014The Court of Queen’s Bench has recently issued a Notice to the Profession regarding Judicial Dispute Resolution (“JDR”) in Calgary and Edmonton. Due to significant shortages in “judicial resources” the number of Justices available for JDRs will be scaled backed.