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Documents on alternative dispute resolution
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|Family Arbitration to Take Centre Stage|
Withers Bergman LLP/Withers LLP;
February 24, 2014, previously published on February 20, 201418 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...
|Application 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;
February 24, 2014Application of model clauses for arbitration agreement, agreement on preliminary proceedings and the procedural options of the parties
|Commercial Cleaning Franchisor Sweeps Up RICO Claims — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable By Nonsignatories|
February 19, 2014, previously published on February 4, 2014Stratus 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)...
|How the Federal Circuit’s Decision in Metcalf Construction Fixes Good Faith and Fair Dealing|
Brian P. Waagner; Husch Blackwell LLP;
February 18, 2014, previously published on February 14, 2014Now 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...
|2013 U.S. Class Action Decisions with the Potential to Affect Canadian Class Actions|
Laurie Baptiste; McCarthy Tétrault LLP;
February 18, 2014, previously published on February 13, 2014Outside 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.
|Supreme Court of Canada Delivers Landmark Decisions on Summary Judgment Motions|
Dentons Canada LLP;
February 14, 2014, previously published on February 10, 2014On 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...
|Ontario Court of Appeal Rules on Enforcement of Foreign Judgments against Canadian Subsidiaries|
Dentons Canada LLP;
February 14, 2014, previously published on February 10, 2014The 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...
|MODERNISATION OF THE BELGIAN LAW ON ARBITRATION|
Denis Philippe; Philippe & Partners;
February 13, 2014, previously published by Kluwer, 2014Modernisation Of The Belgian Law On Arbitration
|Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory|
Reyburn W. Lominack; Fisher & Phillips LLP;
February 12, 2014, previously published on February 03, 2014Arbitration 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...
|A-Rod: A Tough Row to Hoe in Contesting Arbitrator’s Suspension|
Jackson Lewis P.C.;
February 10, 2014, previously published on February 5, 2014For 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...