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Documents on alternative dispute resolution
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|California Court Gives the Green Light for Arbitration of Wrongful Termination Suit|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
April 21, 2014, previously published on April 16, 2014Sanchez v. CarMax Auto Superstores California, LLC, B244772 (March 4, 2014): The California Court of Appeal recently found that an employer’s arbitration agreement and dispute resolution rules and procedures (DRRP) are not “unduly harsh, oppressive, or one-sided” even though they...
|Arbitration Proper for Defendant Condo Association, But Not For Defendant Unit Owner|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
April 20, 2014, previously published on April 2014Plaintiff Kamal Jahanbein, a unit owner and member of the Ndidi Condominium Unit Owners Association, Inc. (the Condo Association), sued the Condo Association for breach of fiduciary duty and sued Jamal Sahri, a fellow unit owner, for negligence, after the water pipes in Mr. Sahri’s unit burst...
|Empower Your Arbitrator to Allocate or Award Attorneys' Fees|
Eugene J. Heady; Smith, Currie & Hancock LLP;
April 11, 2014, previously published on April 7, 2014Claims and disputes involving construction projects tend to be technically complex and factually intensive. As a result, the resolution of construction claims and disputes can be time consuming and costly. In prosecuting or defending claims, one question that always arises is “Can I recover...
|Maryland Court of Special Appeals Holds that Costs in Successfully Defending a Motion to Stay Arbitration are Not Recoverable under CTS. & JUD. PROC. § 3-228(b)|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
April 10, 2014, previously published on March 2014In Fraternal Order of Police, Montgomery County Lodge 35 v. Montgomery County, Maryland's intermediate appellate court held that MD. CODE ANN., CTS. & JUD. PROC. § 3-228(b) allowed the award of litigation costs only in situations where an arbitral award has been made. In this case, the...
|Litigation. Top Legislation Changes for 2013.|
Dentons Canada LLP;
April 8, 2014, previously published on April 1, 2014 The most important event for the Russian justice system in 2013 was undoubtedly the beginning of the merger of the Russian Federation Supreme Court (“RF SC”) and Russian Federation Supreme Arbitration Court (“RF SAC”).
|Nevada Arbitration Clauses May Need Affirmative Agreement|
Jackson Lewis P.C.;
April 3, 2014, previously published on April 2, 2014Nevada has amended its law to require that any agreement containing an arbitration clause include “specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.” An arbitration clause that fails to include such an authorization is...
|Alberta Arbitration Board Rejects Random Drug and Alcohol Testing Policy|
McCarthy Tetrault LLP;
April 2, 2014, previously published on March 27, 2014The Alberta Arbitration Board released its decision with respect to the policy grievance filed by Unifor, Local 707A, against the introduction by Suncor Energy Inc., Oil Sands of random alcohol and drug testing (Policy) of safety-sensitive employees at Suncor oil sands operations. Unifor grieved...
|Caution: An Entire Agreement Clause May Have Greater Implications Than Expected|
Helen Richards; McCarthy Tetrault LLP;
April 2, 2014, previously published on April 1, 2014At issue in One West Holdings Ltd. v Greata Ranch Holdings Corp. et al.was whether an entire agreement clause which referred to multiple contracts could be used to incorporate an arbitration clause from one of the other contracts. The British Columbia Court of Appeal held that it could despite the...
|Arbitration Prerequisites in Bilateral Treaties are Presumptively Procedural Issues for Arbitrators|
Jonathan Jemison, Samina Kapadia, David Kiefer; Dentons Canada LLP;
April 2, 2014, previously published on March 28, 2014On March 5, 2014, the US Supreme Court reinstated a $185.3 million arbitration award for British firm BG Group PLC against the Republic of Argentina. In a 7-2 decision, the high court upheld the arbitrators' decision about the meaning and application of a local litigation clause in a bilateral...
|Arbitration Agreement Enforceable, Except as to Unpaid Wage Claim, California Court Rules|
Jackson Lewis P.C.;
April 1, 2014, previously published on March 27, 2014Even though American Arbitration Association rules were not attached to an arbitration agreement and the agreement did not expressly provide for discovery, the California Court of Appeal has found a former employee’s arbitration agreement with his employer was valid and reversed the trial...