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Documents on alternative dispute resolution

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HTMLFamily Arbitration to Take Centre Stage
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
February 24, 2014, previously published on February 20, 2014
18 months after inception, Family Arbitration is now firmly up and running in England and Wales. Suzanne Kingston MCIArb, who was instrumental in setting up the scheme and one of the trainers of the new team of Family Arbitrators, has seen an increase in enquiries about this innovative form of...


HTMLApplication of Model Clauses for Arbitration Agreement, Agreement on Preliminary Proceedings and the Procedural Options of the Parties
Josie Chen; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
February 24, 2014
Application of model clauses for arbitration agreement, agreement on preliminary proceedings and the procedural options of the parties


HTMLCommercial Cleaning Franchisor Sweeps Up RICO Claims — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable By Nonsignatories
HeplerBroom LLC;
Legal Alert/Article
February 19, 2014, previously published on February 4, 2014
Stratus Building Solutions faced a business challenge on a bet the company scale. Despite winning many franchise awards, five franchisees charged that its entire system imposed a fraud on franchisees. The plaintiffs sued 179 defendants, including the system franchisor, master (regional)...


HTMLHow the Federal Circuit’s Decision in Metcalf Construction Fixes Good Faith and Fair Dealing
Brian P. Waagner; Husch Blackwell LLP;
Legal Alert/Article
February 18, 2014, previously published on February 14, 2014
Now for some good news in government contracts law. On February 11, 2014, a three-judge panel of the Federal Circuit reversed the Court of Federal Claims decisions in Metcalf Constr. Co. v. United States, 102 Fed. Cl. 334 (2011) (Metcalf I) and Metcalf Constr. Co. v. United States, 107 Fed. Cl. 786...


HTML2013 U.S. Class Action Decisions with the Potential to Affect Canadian Class Actions
Laurie Baptiste; McCarthy Tétrault LLP;
Legal Alert/Article
February 18, 2014, previously published on February 13, 2014
Outside of Canada, there were several appeal decisions from the U.S. Supreme Court in 2013 that may well prove to have an impact here in Canada.


HTMLSupreme Court of Canada Delivers Landmark Decisions on Summary Judgment Motions
Dentons Canada LLP;
Legal Alert/Article
February 14, 2014, previously published on February 10, 2014
On January 23, 2014, the Supreme Court of Canada released its reasons for decision in Hryniak v. Mauldin (“Mauldin”) and Bruno Appliance and Furniture, Inc. v. Hryniak (“Bruno Appliance”); two appeals that arose under the new summary judgment Rule 20 of Ontario’s...


HTMLOntario Court of Appeal Rules on Enforcement of Foreign Judgments against Canadian Subsidiaries
Dentons Canada LLP;
Legal Alert/Article
February 14, 2014, previously published on February 10, 2014
The Ontario Court of Appeal recently addressed the jurisdiction of Ontario courts to recognize and enforce foreign judgments in Yaiguaje v. Chevron Corporation, 2013 ONCA 758. The decision is important because it indicates that enforcement actions can proceed in Ontario to recover from uninvolved...


Denis Philippe; Philippe & Partners;
Legal Alert/Article
February 13, 2014, previously published by Kluwer, 2014
Modernisation Of The Belgian Law On Arbitration


HTMLFifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory
Reyburn W. Lominack; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign arbitration agreements preventing them from suing in court, or from bringing...


HTMLA-Rod: A Tough Row to Hoe in Contesting Arbitrator’s Suspension
Jackson Lewis P.C.;
Legal Alert/Article
February 10, 2014, previously published on February 5, 2014
For more than half a century, federal courts have done their utmost to encourage arbitration to resolve disputes. The preference is particularly strong in labor-management contracts, such as the one between Major League Baseball (“MLB”) and the players’ union that resulted in the...


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