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Documents on alternative dispute resolution
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|Unfair Forced Arbitration Favored by U.S. Supreme Court|
Katie Nealon; Brayton Purcell LLP;
March 3, 2015, previously published on February 3, 2015Forced arbitration is raising some serious concerns for consumers. In the arbitration process, those who have entered into the agreement must settle their disputes with a neutral intermediary in lieu of going to court. But many consumers do not know that they have agreed to such a thing after...
|The Italian Supreme Court’s Interpretation of the Jurisdiction Clause Favoring English Courts Contained in ISDA Master Agreements|
Alessandro Corno, Margherita Magillo, Locke R. McMurray, Lamberto Schiona, Harriet Territt; Jones Day;
February 27, 2015, previously published on January 2015The Italian Supreme Court ("Supreme Court" or "Court") recently had the opportunity to have its say, for the second time, concerning the scope of the jurisdiction clause favoring English courts and contained in International Swaps and Derivatives Association ("ISDA")...
|Australian Lawyers with Financial Interest in Litigation Funder Restrained from Acting in Class Action|
John Emmerig, Michael Legg; Jones Day;
February 27, 2015, previously published on January 2015In July 2014, in Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3)  VSC 340, Ferguson JA of the Supreme Court of Victoria found there was a serious risk of a conflict of interest where a legal practitioner was a sole director and sole shareholder of the lead plaintiff...
|Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules|
Phillip Georgiou, Ashley M. Howlett, Robert L. Thomson; Jones Day;
February 26, 2015, previously published on February 2015The Hong Kong International Arbitration Centre ("HKIAC") has introduced the new HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (the "New Procedures"), effective as of January 1, 2015. The New Procedures provide one system that...
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...
|FTC v. St. Luke's Health System, Ltd.: Ninth Circuit Holds that Acquisition of Physician Group Practice Violates Antitrust Laws, Requires Divestiture|
Peter M. Boyle, Christina E. Fahmy, Cybil Roehrenbeck Gregory; Kilpatrick Townsend Stockton LLP;
February 26, 2015, previously published on February 11, 2015 On February 10, 2015, the Ninth Circuit affirmed a district court ruling in favor of the Federal Trade Commission that the acquisition of an Idaho physician group practice by St. Luke’s Health System violated the antitrust laws, specifically Section 7 of the Clayton Act. Closely watched by...
|CAREFUL WHAT YOU WISH FOR: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules|
Kevin C. Baltz; Butler Snow LLP;
February 23, 2015, previously published on January 29, 2015Most lawyers are fully aware of the “American Rule” - a generally universal rule of law (in the United States anyway) which provides that, absent specific authority granted by statute or a contractual agreement, a litigant is responsible for paying his or her own attorneys’ fees....
|California Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
February 23, 2015, previously published on January 30, 2015Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and conditions of employment than if he or she had...
|Missouri Court of Appeals Further Restricts Arbitration Agreements|
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 23, 2015, previously published on January 27, 2015The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable...
|Early Neutral Evaluation: An Additional Tool for Resolving Disputes|
Semmes Bowen Semmes A Professional Corporation;
February 23, 2015There are numerous methods available to avoid the time and expense of a trial before a judge or jury if the parties to a dispute wish to do so but are unable to resolve their differences by direct negotiation. Mediation and arbitration are two examples of such devices which can be very useful in...