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Documents on alternative dispute resolution
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|ICSID Arbitration Initiated Against China as Negotiations Move Ahead on U.S.-China Bilateral Investment Treaty|
David Baron, Philippe M. Bruno, Owen D. Nee, Thomas R. Snider, Dawn (Dan) Zhang; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 01, 2014Arbitration proceedings have been initiated against China for only the second time at the International Centre for Settlement of Investment Disputes (ICSID), an international arbitral institution that is a member of the World Bank Group. In this new case, a Korean company has reportedly brought an...
|China Arbitration Update: New CIETAC Rules Effective January 1, 2015|
Sheppard Mullin Richter Hampton LLP;
February 16, 2015, previously published on December 1, 2014The China International Economic & Trade Arbitration Commission (CIETAC) approved a new set of arbitration rules effective on January 1, 2015. The 2015 CIETAC Rules include a number of important updates and revisions that bring CIETAC arbitration proceedings closer in line with international...
|Understand State’s Mediation Privilege Rules Before Mediation Preparations|
Sutherland Asbill Brennan LLP;
February 13, 2015, previously published on February 7, 2015It may be surprising to some, but not all states have the same rules regarding privilege of statements used in mediation. The U.S. District Court for the Eastern District of Pennsylvania recently considered the boundaries of the privilege under Pennsylvania law. In the case, following a workplace...
|It's 5 O'Clock and the Whistle Blows|
Robert L. Holzberg; GrayRobinson P.A.;
February 13, 2015, previously published on December 16, 2014As advocates and mediators, we’ve all been there. It is late in the day, the parties are checking their watches, counsel are gathering their papers and the mood in the room is darkening. Is it time to pack up and get ready for tomorrow’s case, or time for a “reset” in an...
|Arbitration Provisions Must Include Clear and Unambiguous Waiver of Claimant’s Right to Sue in Court, New Jersey Supreme Court and Appellate Division Courts Hold|
Steven J. Luckner, Evan J. Shenkman, Ryan T. Warden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 2, 2015, previously published on December 29, 2014New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New Jersey appellate courts.
|Alberta Arbitration Board Rejects Random Drug & Alcohol Testing Policy|
Steven A.A. Dollansky; McLennan Ross LLP;
January 30, 2015, previously published on March 28, 2014An Alberta Arbitration Board has concluded in the Unifor, Local 707A v. Suncor Energy Inc (“Suncor”) policy grievance that Suncor’s random drug & alcohol policy imposed at its oil sands operations is an unreasonable exercise of the employer’s management rights.
|Changes to Italian Civil Proceedings in Italy|
Withers Bergman LLP;
January 20, 2015, previously published on December 8, 2014On 6 November 2014, the Italian Parliament approved a bill to improve the efficiency of civil proceedings. The new rules are effective from 10 November 2014.
|New LCIA Arbitration Rules Come into Effect Today|
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
January 20, 2015, previously published on October 1, 2014The London Court of International Arbitration (LCIA), one of the world’s leading international arbitration institutions, recently adopted a new set of arbitration rules, which will come into force on October 1, 2014. The new rules revise and update the previous version of the LCIA Arbitration...
|Disputants Await Clarification of Mediation Privilege’s Boundaries|
Gannon G. Beaulne, Julia E. Schatz; Bennett Jones LLP;
January 20, 2015, previously published on November 17, 2014Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement privilege. But the extent to which parties can pierce this bubble of...
|Confidentiality Clauses and Privilege: A Delicate Balance|
Scott H. D. Bower, Russell J. Kruger, Aaron F. Rankin; Bennett Jones LLP;
January 19, 2015, previously published on May 12, 2014Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union Carbide Canada Inc v Bombardier Inc, 2014 SCC 35 [Union Carbide].