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Documents on alternative dispute resolution
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|Permission to Serve Winding-Up Petitions out of Jurisdiction on Unregistered Foreign Companies: Principles Clarified|
Justine T. K. Lau, Edmund M. S. Ma, Richard M. Tollan; Mayer Brown JSM;
December 5, 2014, previously published on November 14, 2014Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission (“leave”) of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside...
|OSC Publishes Rules Regarding Disclosure of the Number of Women on Boards and in Senior Management|
Borden Ladner Gervais LLP;
December 5, 2014, previously published on November 19, 2014The OSC, along with the securities regulatory authorities in Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Québec and Saskatchewan, all announced the final implementation of amendments to National Instrument 58-101 Disclosure of Corporate...
|Ernst & Young and OSC Agree to No-Contest $8 Million Settlement over Sino-Forest and Zungui|
Borden Ladner Gervais LLP;
December 5, 2014, previously published on November 19, 2014The first of the OSC’s no-contest settlements occurred in October. Ernst & Young LLP (“Ernst & Young”) entered into a no-contest settlement agreement with the OSC in respect of allegations related to its auditing of Sino-Forest Corp. (“Sino-Forest”) and Zungui...
|Think Twice before Seeking Remedies: The "Fork in the Road" Clause of International Investment Arbitration under BITs/MITs with China|
Patrick Chen; Lee Tsai Partners Attorneys-at-Law;
December 2, 2014In June 2014, the International Center for Settlement of Investment Disputes (ICSID) rendered an unpublished decision (reported in Global Arbitration Review and Investment Arbitration Reporter), holding that since the H&H Enterprises Investments, the US investor referring its disputes to...
|Canada’s “Integrity Framework” Faces First Test: Means Serious Implications in Canada for a Guilty Plea on US Bribery Charges|
Tyler Hodgson, Loni da Costa; Borden Ladner Gervais LLP;
November 28, 2014, previously published on November 10, 2014Public Works and Government Services Canada (“PWGSC”) confirmed last month that it is reviewing the recent guilty plea to bribery charges in the US by Hewlett Packard’s Russian affiliate (“HP Russia”) in light of PWGSC’s recent Integrity Framework (the...
|Agricultural Cooperative Antitrust Litigation Continues to Mushroom|
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
November 28, 2014, previously published on November 3, 2014Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser Antitrust Litigation, Case No. 2:06-cv-00620, (E.D. Pa. October 17,...
|Who Decides the Issue of Class Arbitration?|
Ameneh K. Ernst, Spencer C. Skeen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 28, 2014, previously published on November 24, 2014Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the arbitration agreement is silent on whether the agreement allows for class or...
|Excalibur v Keystone - Practical Points for Funders and Insurers|
Christopher Coffin, Lesley Timms; Withers Bergman LLP;
November 27, 2014, previously published on October 23, 2014Judgment has been handed down in Excalibur Ventures v. Keystone et al., a Commercial Court case which is likely to change the way that third party litigation funders structure and monitor their business activities. Withers represented Psari Holdings Ltd in the costs hearing stage of the case, which...
|Recent Judgment Handed Down in Swaps Litigation|
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
November 17, 2014, previously published on October 1, 2014In the continuing march of swaps litigation, each new judgment handed down represents a fresh carcass over whose bones those involved in such litigation inevitably pick for insights as to how future cases are likely to be decided. The recent judgment in the Crestsign litigation may well prompt the...
|Cloud Services - Guidelines For Service Level Agreements|
Bradley J. Freedman; Borden Ladner Gervais LLP;
November 10, 2014, previously published on October 16, 2014Cloud services are becoming increasingly important to organizations of all kinds. The European Commission recently issued Cloud Service Level Agreement Standardisation Guidelines to assist cloud service providers and cloud service customers. The Guidelines identify and explain many important issues...