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Documents on alternative dispute resolution
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|Suncor Decision Confirms Ability to Random Test is Limited|
Duncan Marsden; Borden Ladner Gervais LLP;
April 1, 2014, previously published on March 28, 2014Following the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. rendered in June 2013, which held that there must be “evidence of a problem with alcohol and drugs” in the workplace in order to...
|Is Your Arbitration Clause Enforceable?|
Sarah E. Carson; Smith, Currie & Hancock LLP;
March 31, 2014, previously published on March 24, 2014Is your agreement to arbitrate disputes ironclad? You may be wrong. A recent Hawaii Court of Appeals decision proposes a modification to the theory to which many have subscribed: ambiguous text renders the arbitration agreement as hollow. In this case, determining whether the arbitration agreement...
|Enforcing Your Arbitration Agreement Just Became a Great Deal Easier|
Bryan G. Scott; Spilman Thomas & Battle, PLLC;
March 27, 2014, previously published on March 14, 2014Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a barrier to would-be claimants, particularly in consumer cases. As a...
|What's new in the "final draft" LCIA Arbitration Rules?|
Raid Abu-Manneh, Alison Barker, Rani Mina, Mark Stefanini; Mayer Brown International LLP;
March 20, 2014, previously published on March 2014The LCIA Court has recently circulated a "final draft" of the much anticipated new Arbitration Rules (Draft Rules) for consideration by the LCIA Court at the LCIA's Tylney Hall symposium on 9 May 2014. It is anticipated that the new LCIA Rules will be finalised and issued shortly...
|Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause|
Nicole M. Acchione, Ira Neil Richards, Carl J. Schaerf; Schnader Harrison Segal & Lewis LLP;
March 20, 2014, previously published on March 14, 2014Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state courts across the country. Carefully drafted arbitration clauses have also...
|Arbitration Agreement Not Unconscionable, California Court Orders Arbitration|
Jackson Lewis P.C.;
March 18, 2014, previously published on March 13, 2014Sending a former employee’s wrongful termination claim to an arbitrator, the California Court of Appeal has ruled that his employment arbitration agreement was not unconscionable and deserved to be enforced. Sanchez v. CarMax Auto Superstores of California, LLC, No. B244772 (Cal. Ct. App....
|United States Supreme Court Gives Deference to Arbitrators in Investment Treaty Cases|
James Egerton-Vernon, Melissa S. Gorsline, Charles T. Kotuby, Michael C. Rooney, Baiju S. Vasani; Jones Day;
March 12, 2014, previously published on March 2014On March 5, the U.S. Supreme Court, in a 7 to 2 decision, ruled that an appellate court erred in setting aside a US$185 million arbitral award rendered under the UNCITRAL rules and pursuant to the United Kingdom¿Argentina Bilateral Investment Treaty, and reinstated that award for UK investor, BG...
|Supreme Court: Arbitrators, Not Courts, Decide Whether A Suit May Proceed To Arbitration|
Bethanie E. Barnes; Fisher & Phillips LLP;
March 12, 2014, previously published on March 10, 2014On March 5, 2014, the U.S. Supreme Court upheld an arbitration panel’s award and broadened arbitrators’ authority to determine preliminary issues in arbitration agreements. Although the case concerned a treaty dispute between a corporation and a sovereign nation, the Court’s...
|Deferred Prosecution Agreements in the UK: Do Companies Need to Bare All?|
Glyn Powell, Sion Richards; Jones Day;
March 11, 2014, previously published on March 2014Since 24 February, the UK Serious Fraud Office ("SFO") and Crown Prosecution Service ("CPS") have been able to enter into Deferred Prosecution Agreements ("DPAs") with corporates facing allegations of economic crime (unlike in the US, DPAs are not available to...
|Arbitration: BG Group Decision: U.S. Supreme Court Holds that Failure to Fulfill Preconditions to Arbitration Are Generally for Arbitrators, Not Courts, to Decide and Court Review is Deferential|
Sullivan Cromwell LLP;
March 11, 2014, previously published on March 7, 2014Arbitration clauses commonly include preconditions to commencing arbitration, such as time periods during which the parties are to attempt to resolve the dispute through negotiation or mediation. The U.S. Supreme Court on March 5 decided 7-2 that the arbitrators in investment treaty arbitrations,...