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Documents on alternative dispute resolution
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|Arbitration Prerequisites in Bilateral Treaties are Presumptively Procedural Issues for Arbitrators|
Jonathan Jemison, Samina Kapadia, David Kiefer; Dentons Canada LLP;
April 2, 2014, previously published on March 28, 2014On March 5, 2014, the US Supreme Court reinstated a $185.3 million arbitration award for British firm BG Group PLC against the Republic of Argentina. In a 7-2 decision, the high court upheld the arbitrators' decision about the meaning and application of a local litigation clause in a bilateral...
|Alberta Arbitration Board Rejects Random Drug and Alcohol Testing Policy|
McCarthy Tetrault LLP;
April 2, 2014, previously published on March 27, 2014The Alberta Arbitration Board released its decision with respect to the policy grievance filed by Unifor, Local 707A, against the introduction by Suncor Energy Inc., Oil Sands of random alcohol and drug testing (Policy) of safety-sensitive employees at Suncor oil sands operations. Unifor grieved...
|Caution: An Entire Agreement Clause May Have Greater Implications Than Expected|
Helen Richards; McCarthy Tetrault LLP;
April 2, 2014, previously published on April 1, 2014At issue in One West Holdings Ltd. v Greata Ranch Holdings Corp. et al.was whether an entire agreement clause which referred to multiple contracts could be used to incorporate an arbitration clause from one of the other contracts. The British Columbia Court of Appeal held that it could despite the...
|Suncor Decision Confirms Ability to Random Test is Limited|
Duncan Marsden; Borden Ladner Gervais LLP;
April 1, 2014, previously published on March 28, 2014Following the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. rendered in June 2013, which held that there must be “evidence of a problem with alcohol and drugs” in the workplace in order to...
|Arbitration Agreement Enforceable, Except as to Unpaid Wage Claim, California Court Rules|
Jackson Lewis P.C.;
April 1, 2014, previously published on March 27, 2014Even though American Arbitration Association rules were not attached to an arbitration agreement and the agreement did not expressly provide for discovery, the California Court of Appeal has found a former employee’s arbitration agreement with his employer was valid and reversed the trial...
|Is Your Arbitration Clause Enforceable?|
Sarah E. Carson; Smith, Currie & Hancock LLP;
March 31, 2014, previously published on March 24, 2014Is your agreement to arbitrate disputes ironclad? You may be wrong. A recent Hawaii Court of Appeals decision proposes a modification to the theory to which many have subscribed: ambiguous text renders the arbitration agreement as hollow. In this case, determining whether the arbitration agreement...
|Enforcing Your Arbitration Agreement Just Became a Great Deal Easier|
Bryan G. Scott; Spilman Thomas & Battle, PLLC;
March 27, 2014, previously published on March 14, 2014Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a barrier to would-be claimants, particularly in consumer cases. As a...
|Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause|
Nicole M. Acchione, Ira Neil Richards, Carl J. Schaerf; Schnader Harrison Segal & Lewis LLP;
March 20, 2014, previously published on March 14, 2014Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state courts across the country. Carefully drafted arbitration clauses have also...
|What's new in the "final draft" LCIA Arbitration Rules?|
Raid Abu-Manneh, Alison Barker, Rani Mina, Mark Stefanini; Mayer Brown International LLP;
March 20, 2014, previously published on March 2014The LCIA Court has recently circulated a "final draft" of the much anticipated new Arbitration Rules (Draft Rules) for consideration by the LCIA Court at the LCIA's Tylney Hall symposium on 9 May 2014. It is anticipated that the new LCIA Rules will be finalised and issued shortly...
|Arbitration Agreement Not Unconscionable, California Court Orders Arbitration|
Jackson Lewis P.C.;
March 18, 2014, previously published on March 13, 2014Sending a former employee’s wrongful termination claim to an arbitrator, the California Court of Appeal has ruled that his employment arbitration agreement was not unconscionable and deserved to be enforced. Sanchez v. CarMax Auto Superstores of California, LLC, No. B244772 (Cal. Ct. App....