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Documents on alternative dispute resolution

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HTMLTwo California Appellate Decisions “Delegate” Authority From Courts to Arbitrators
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Two divisions of the California Court of Appeal recently issued two significant decisions on arbitration agreements. Both courts held that a trial court lacks authority to determine the enforceability of an arbitration agreement if the agreement has a provision delegating that authority to an...


HTMLDelaware Supreme Court Clarifies Standard Required To Vacate An Arbitration Award Under The Delaware Arbitration Act
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
In 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...


HTMLBattling the Dragons: Would Moral Rights Have Made a Difference in Recent Dragons’ Den Case?
Amy Pressman, Andy Radhakant; Davis LLP;
Legal Alert/Article
June 30, 2014, previously published on June 19, 2014
On 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...


HTMLDelegation 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;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
Decision: 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...


HTMLCalifornia High Court: Class Action Waivers in Arbitration Valid, But Waivers of Representative Actions under State Law Are Not
Jackson Lewis P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 24, 2014
The 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....


Adobe PDFMaryland 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.;
Legal Alert/Article
June 27, 2014
In 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....


HTMLIskanian v. CLS Transportation: California Supreme Court Gives Class Action Arbitration Waivers the Green Light
Douglas J. Farmer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 25, 2014, previously published on June 23, 2014
Today, 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,...


HTMLFurther Hurdles in the Ability to Schedule Timely JDRs
Michael C. Barbero; McLennan Ross LLP;
Legal Alert/Article
June 24, 2014, previously published on June 4, 2014
The 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.


Adobe PDFResolving Legal Disputes in the United States: Litigation, Arbitration or Mediation
Cynthia A. Murray; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
June 20, 2014, previously published on June 2014
As 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...


HTMLTo 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;
Legal Alert/Article
June 11, 2014, previously published on June 5, 2014
Following 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...


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