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Documents on alternative dispute resolution
 

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HTMLA Practical Guide to Selecting an Arbitrator
Ashly E. Scheufele; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 7, 2014
One of the many advantages of arbitration over litigation is that the parties to a dispute have the opportunity to choose the arbitrator or arbitrators who will decide their claims. The selection of an arbitrator is a critical decision point that necessarily occurs very early in the arbitral...

 

HTMLOvercoming Language Barriers in International Arbitration
Carlos A. Maycotte; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 20, 2014
As with any cross-border endeavor, language barriers can become a hurdle to overcome in international arbitration and litigation. The dispute resolution clause in a contract may compel the client to arbitrate or litigate in a country other than their own. Arbitrators, parties, and even counsel may...

 

HTMLFixes for FX - How Would Recent Regulatory Changes have Affected Liability for Foreign Exchange Manipulation?
Richard Caird, Alexadra Doucas, Katharine Harle; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 9, 2014
In our recent article "How might the proposed new senior managers and certification regime for individuals have affected accountability for foreign exchange manipulation?" we considered how the proposed new regulatory regime in relation to individual accountability would have affected...

 

HTMLHow Might the Proposed New Senior Managers and Certification Regime for Individuals have Affected Accountability for Foreign Exchange Manipulation?
Richard Caird, Alexandra Doucas, Katharine Harle; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 8, 2014
Shakespeare's often misquoted suggestion, "first kill all the lawyers", still sells very successfully on mugs and T-shirts. It is likely that had he referred to bankers instead, merchandise sales would currently be at least as successful. The recent fine levied on five banks in respect of...

 

HTMLConstruction and Rectification: The Consequences of Rescission and Making Good the Defects in Drafting of Back-To-Back Confirmations under the ISDA Master Agreement
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on November 19, 2014
Our recent update "Fraudulent misrepresentation by a bank and the ISDA Master Agreement" dealt with the consequences of certain fraudulent misrepresentations impliedly made by UBS to Depfa in the litigation between them and the German water company Kommunale Wasserwerke Leipzig GmbH (KWL).

 

HTMLDouble Agent: Responsibility for Payment of a Bribe and Conflict of Interest
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on November 20, 2014
Our recent updates "Fraudulent misrepresentation by a bank and the ISDA Master Agreement" and "Construction and rectification: the consequences of rescission and making good the defects in drafting of back-to-back confirmations under the ISDA Master Agreement" considered aspects...

 

HTMLCanadian Privacy Law - Regulatory Guidance For Online And Mobile Environments
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2015, previously published on November 27, 2014
Canadian Privacy Commissioners have recently published guidance for compliance with privacy laws as applicable to online and mobile environments. The guidance explains how organizations can obtain meaningful, informed consent to the collection, use and disclosure of personal information provided by...

 

HTMLFraudulent Misrepresentation by a Bank and the ISDA Master Agreement
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 12, 2014
Few claims result in judgments as long as that recently handed down by Mr Justice Males (the Judge) in the litigation between UBS, Kommunale Wasserwerke Leipzig GmbH (KWL), Depfa Bank plc and Landesbank Baden-Württemberg (LBBW), but the length of the judgment is proportionate to the complexity...

 

HTMLThe CASL Regime(s)—Anti-Spam and Anti-Malware
Tim (Timothy) M. Banks, Margot E. Patterson; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 13, 2014
CASL is a new regime, with significant administrative monetary penalties (maximum CA$10 million), and is broader in scope than the anti-spam laws of the US and other countries. If you do business in Canada, you are likely aware that Canada’s Anti-Spam Law (CASL) targets unsolicited commercial...

 

HTMLChanges To Rules Extend The Period Before An Action Is Administratively Dismissed For Delay
Matthew Furrow; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2015, previously published on December 9, 2014
Amendments to the Ontario Rules of Civil Procedure taking effect January 1, 2015 will significantly extend the period of time before an action will be administratively dismissed for delay. The former 2-year rule will become a 5-year rule - and plaintiffs will no longer receive notice of an...

 


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