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Documents on alternative dispute resolution
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|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....
|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....
|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.
|Resolving Legal Disputes in the United States: Litigation, Arbitration or Mediation|
Cynthia A. Murray; Schnader Harrison Segal & Lewis LLP;
June 20, 2014, previously published on June 2014As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S. court system. There are, however, alternatives to litigation. The two most...
|Corruption of Foreign Public Officials: Prison Sentence Signals Court’s Denunciation of Corrupt Business Practises|
Gerry Stobo; Borden Ladner Gervais LLP;
June 11, 2014, previously published on June 4, 2014On May 23, 2014, Nazir Karigar was sentenced by the Ontario Superior Court to three years imprisonment under Canada’s Corruption of Foreign Public Officials Act (CFPOA) for having agreed with others to offer bribes to foreign public officials. Mr. Karigar was convicted in August 2013 after...
|To Disclose or Not to Disclose: Bankruptcy & Substituted Service, Petitioning Creditors Beware|
Justine T. K. Lau, Edmund M. S. Ma, Richard M. Tollan; Mayer Brown JSM;
June 11, 2014, previously published on June 5, 2014Following our previous legal update on substituted service of a statutory demand against an individual ("Bankruptcy & Substituted Service: Petitioning Creditors Beware...", 2 March 2012), the Court of Appeal’s recent decision in FWD Life Insurance Co (Bermuda) Ltd v. Chan Kim...
|On A Sticky Wicket Against Naughty Litigants|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
June 11, 2014, previously published on June 5, 2014Draft legislation has been proposed to introduce changes to the Labour Tribunal Ordinance.
|The ICDR Issues New International Dispute Resolution Procedures|
David Baron, Matias Osvaldo Bietti, Hugh E. Hackney, Thomas R. Snider; Greenberg Traurig, LLP;
June 10, 2014, previously published on June 2, 2014The International Centre for Dispute Resolution (ICDR) - the international division of the American Arbitration Association (AAA) - has issued new International Dispute Resolution Procedures, which became effective on June 1, 2014. The International Dispute Resolution Procedures include the...
|Employer Did Not Waive Right to Arbitration Despite One-Year Delay, California Court Rules|
Jackson Lewis P.C.;
June 9, 2014, previously published on June 3, 2014An employer that petitioned to compel arbitration one year after the employee filed his employment-related complaint did not waive its right to arbitrate the complaint, the California Court of Appeal has ruled, confirming the burden of proving a party waived its right to arbitration is a heavy one....