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Documents on alternative dispute resolution
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|Mediation, Arbitration or Litigation: How to Pick Your Poison|
David P. Ray; Bernstein Shur;
April 30, 2014, previously published on April 24, 2014Probably the last thing on your mind at the beginning of a job is considering how and where you will prosecute or defend claims arising from the project. But it is highly likely that, buried somewhere in the agreement you are about to sign, there is a provision that makes a selection of a method...
|NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration|
Ursula A. Kienbaum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 29, 2014, previously published on April 21, 2014In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if adopted, would significantly undermine the finality of arbitration in...
|Arbitration Clause Survives Termination of Contractor Agreement, Federal Court Rules|
Jackson Lewis P.C.;
April 21, 2014, previously published on April 15, 2014An arbitration clause survived the termination of the underlying agreement even though the clause was not specifically referenced in the agreement’s survival clause, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has ruled in a case of first impression among the federal...
|California Court Gives the Green Light for Arbitration of Wrongful Termination Suit|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
April 21, 2014, previously published on April 16, 2014Sanchez v. CarMax Auto Superstores California, LLC, B244772 (March 4, 2014): The California Court of Appeal recently found that an employer’s arbitration agreement and dispute resolution rules and procedures (DRRP) are not “unduly harsh, oppressive, or one-sided” even though they...
|India’s New Corporate Social Responsibility Requirements - Beware of the Pitfalls|
Theodore T. Chung, Karen P. Hewitt, Glyn Powell, Sumesh Sawhney, Sheila L. Shadmand; Jones Day;
April 21, 2014, previously published on April 2014In August 2013, the Indian parliament passed the Indian Companies Act, 2013 (the "New Act"), which has replaced the Companies Act of 1956. The New Act has made far-reaching changes affecting company formation, administration and governance, and it has increased shareholder control over...
|Arbitration Proper for Defendant Condo Association, But Not For Defendant Unit Owner|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
April 20, 2014, previously published on April 2014Plaintiff Kamal Jahanbein, a unit owner and member of the Ndidi Condominium Unit Owners Association, Inc. (the Condo Association), sued the Condo Association for breach of fiduciary duty and sued Jamal Sahri, a fellow unit owner, for negligence, after the water pipes in Mr. Sahri’s unit burst...
|Empower Your Arbitrator to Allocate or Award Attorneys' Fees|
Eugene J. Heady; Smith, Currie & Hancock LLP;
April 11, 2014, previously published on April 7, 2014Claims and disputes involving construction projects tend to be technically complex and factually intensive. As a result, the resolution of construction claims and disputes can be time consuming and costly. In prosecuting or defending claims, one question that always arises is “Can I recover...
|Maryland Court of Special Appeals Holds that Costs in Successfully Defending a Motion to Stay Arbitration are Not Recoverable under CTS. & JUD. PROC. § 3-228(b)|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
April 10, 2014, previously published on March 2014In Fraternal Order of Police, Montgomery County Lodge 35 v. Montgomery County, Maryland's intermediate appellate court held that MD. CODE ANN., CTS. & JUD. PROC. § 3-228(b) allowed the award of litigation costs only in situations where an arbitral award has been made. In this case, the...
|Litigation. Top Legislation Changes for 2013.|
Dentons Canada LLP;
April 8, 2014, previously published on April 1, 2014 The most important event for the Russian justice system in 2013 was undoubtedly the beginning of the merger of the Russian Federation Supreme Court (“RF SC”) and Russian Federation Supreme Arbitration Court (“RF SAC”).
|Nevada Arbitration Clauses May Need Affirmative Agreement|
Jackson Lewis P.C.;
April 3, 2014, previously published on April 2, 2014Nevada has amended its law to require that any agreement containing an arbitration clause include “specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.” An arbitration clause that fails to include such an authorization is...