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Documents on alternative dispute resolution
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|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...
|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...
|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...
|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...
|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...
|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...