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Documents on alternative dispute resolution
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|Resolving Legal Disputes in the United States: Litigation, Arbitration or Mediation|
Cynthia A. Murray; Schnader Harrison Segal & Lewis LLP;
June 20, 2014, previously published on June 2014As 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...
|Corruption of Foreign Public Officials: Prison Sentence Signals Court’s Denunciation of Corrupt Business Practises|
Gerry Stobo; Borden Ladner Gervais LLP;
June 11, 2014, previously published on June 4, 2014On May 23, 2014, Nazir Karigar was sentenced by the Ontario Superior Court to three years imprisonment under Canada’s Corruption of Foreign Public Officials Act (CFPOA) for having agreed with others to offer bribes to foreign public officials. Mr. Karigar was convicted in August 2013 after...
|To 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;
June 11, 2014, previously published on June 5, 2014Following 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...
|On A Sticky Wicket Against Naughty Litigants|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
June 11, 2014, previously published on June 5, 2014Draft legislation has been proposed to introduce changes to the Labour Tribunal Ordinance.
|The ICDR Issues New International Dispute Resolution Procedures|
David Baron, Matias Osvaldo Bietti, Hugh E. Hackney, Thomas R. Snider; Greenberg Traurig, LLP;
June 10, 2014, previously published on June 2, 2014The International Centre for Dispute Resolution (ICDR) - the international division of the American Arbitration Association (AAA) - has issued new International Dispute Resolution Procedures, which became effective on June 1, 2014. The International Dispute Resolution Procedures include the...
|Eleventh Circuit Holds That Bank Could Not Compel Arbitration When Account Agreement—Which Was Silent as to Arbitration—Completely Superseded Prior Account Agreement Containing Arbitration Clause|
John R. Chiles, Eric S. Pendergraft; Burr & Forman LLP;
June 9, 2014, previously published on May 19, 2014The U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court’s denial of a bank’s motion to compel arbitration of a dispute between the bank and a depositor concerning alleged excessive overdraft fees. To reach its decision in Dasher v. RBC Bank (USA), Case No....
|Employer Did Not Waive Right to Arbitration Despite One-Year Delay, California Court Rules|
Jackson Lewis P.C.;
June 9, 2014, previously published on June 3, 2014An employer that petitioned to compel arbitration one year after the employee filed his employment-related complaint did not waive its right to arbitrate the complaint, the California Court of Appeal has ruled, confirming the burden of proving a party waived its right to arbitration is a heavy one....
|Termination under Last Chance Agreement No Bar to Arbitrator’s Reinstatement and Back Pay Award, Federal Court Holds|
Jackson Lewis P.C.;
June 9, 2014, previously published on June 2, 2014When an employer and represented employee enter into a last chance agreement (LCA) without the union’s participation, and the employer subsequently discharges the employee for a violation of the LCA, the arbitrator may properly interpret and apply the “just cause provision” in the...
|Credit for Cooperation: The Ontario Securities Commission Attempts a Business-Like Approach to Regulatory Infractions|
Brandon Barnes, Diana Weir; Davis LLP;
June 4, 2014, previously published on May 30, 2014March saw the introduction of a series of new enforcement tools in OSC Staff Notice No. 15-702, which includes criteria for “no-contest” settlement agreements and “no-enforcement action” agreements. These agreements mean that some respondents to enforcement proceedings will,...
|Limits on Discovery to Arbitrators and Dispute Resolution Providers|
Hays McConn Rice Pickering PC;
June 4, 2014Everyone involved in the handling or defense of construction defect claims is aware that arbitration is a common method of "resolution" of such claims. However, their is an all too common sequel to the hard-fought arbitration hearing when it becomes time to confirm or enforce the award at...