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Documents on alternative dispute resolution
 

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HTMLUnfair Forced Arbitration Favored by U.S. Supreme Court
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
March 3, 2015, previously published on February 3, 2015
Forced 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...

 

HTMLThe 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;
Legal Alert/Article
February 27, 2015, previously published on January 2015
The 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")...

 

HTMLAustralian Lawyers with Financial Interest in Litigation Funder Restrained from Acting in Class Action
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
In July 2014, in Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3) [2014] 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...

 

HTMLProcedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules
Phillip Georgiou, Ashley M. Howlett, Robert L. Thomson; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The 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...

 

HTMLConsumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations
Undine von Diemar; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The 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...

 

HTMLFTC 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;
Legal Alert/Article
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...

 

HTMLCAREFUL WHAT YOU WISH FOR: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules
Kevin C. Baltz; Butler Snow LLP;
Legal Alert/Article
February 23, 2015, previously published on January 29, 2015
Most 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....

 

HTMLCalifornia Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Richey 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...

 

HTMLMissouri Court of Appeals Further Restricts Arbitration Agreements
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 27, 2015
The 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...

 

HTMLEarly Neutral Evaluation: An Additional Tool for Resolving Disputes
Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
February 23, 2015
There 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...

 


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