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Documents on Alternative Dispute Resolution
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|Court did Not Abuse its Discretion in Denying a Motion to Confirm Arbitration Award that Asked for More than was Awarded|
Jones Skelton Hochuli P.L.C.;
September 16, 2016, previously published on August 2016Kleslas sued for (1) the return of their residential lease security deposit, (2) statutory treble damages, (3) punitive damages for alleged fraud committed by the landlord, Wittenberg, and (4) statutory and contract-based attorney fees. Wittenberg counter-sued for unpaid rent and alleged damage to...
|Will Your Arbitration Program Survive the Contractor Blacklisting Regulations?|
Ron Chapman, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 15, 2016, previously published on September 13, 2016The arbitration restrictions contained in Executive Order 13673, Fair Pay and Safe Workplaces (EO 13673), have been largely overshadowed by other parts of the so-called “contractor blacklisting” rules. Nonetheless, for those federal contractors that have adopted or are considering...
|Document Production Requests Pursuant to IBA Rules on the Taking of Evidence in International Arbitration|
Ezgi Babur von Schwander; Erdem Erdem Law Office;
September 14, 2016The International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration (“IBA Rules” or, “Rules”) are, without any doubt, a point of reference in the taking of evidence in international arbitrations. The IBA Rules serve as a...
|Australian Shareholder Class Action Held to be an Abuse of Process|
John Emmerig, Michael Legg; Jones Day;
September 12, 2016, previously published on September 2016In Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3)  VSC 340 (“MCI decision”), the lead plaintiff (“MCI”) purchased a small parcel of shares in both Treasury Wine Estates Limited and Leighton Holdings Limited and commenced separate group...
|Ninth Circuit Court of Appeals Sides with NLRB in Ruling that it is Unlawful for an Employer to Ask Employees to Sign an Arbitration Agreement Containing a Class Action Waiver|
Jeffrey P. Fuchsman, Zareh A. Jaltorossian, Richard S. Rosenberg; Ballard Rosenberg Golper & Savitt LLP;
September 12, 2016, previously published on August 26, 2016It is commonplace in 2016 for employers to require their employees to sign an agreement promising to arbitrate employment claims in lieu of taking the employer to court. Many of these arbitration agreements also contain an additional provision obligating the employee to use arbitration for any...
|A Greater Role for Australian Courts in Foreign Arbitral Proceedings?|
Simon Bellas, Kenneth P. Hickman, Kristian Maley, Stephen McComish; Jones Day;
September 12, 2016, previously published on September 2016In the recent decision of Samsung C&T Corporation v Duro Felguera Australia Pty Ltd, the Supreme Court of Western Australia declined to make a declaration as to the effect of an arbitration agreement, instead granting a stay in favour of arbitration.
|Has the Seventh Circuit Court of Appeals Expanded the Grounds for Reviewing Arbitration Awards?|
Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 11, 2016, previously published on September 1, 2016A fundamental tenet of arbitration is that arbitration awards are subject to very limited review and are rarely vacated due to an error in contract interpretation. The Illinois Uniform Arbitration Act sets forth just five limited grounds under which a court can vacate an arbitration award,...
|Saudi Arabia to Join Hague Conference on Private International Law: A Move Toward International Standards?|
Charles T. (Chuck) Kotuby, Marc O. Peisert; Jones Day;
September 11, 2016, previously published on September 2016On July 25, 2016, the Saudi Arabian cabinet resolved to become a member state of the Hague Conference on Private International Law (“HCCH”). Formal signature and the internal ratification is still outstanding but is expected to occur in due course. When it does, the Kingdom will...
|Habits Can Be a Hindrance|
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 24, 2016, previously published on August 2016One of the many wonderful features of mediation is the ability to improvise and the freedom of constraints. There are few rules but many habits. Conducting a joint session and breaking off into a private caucus is a common habit. But sometimes the parties need to hear one another, or the lawyers or...
|Swiss Supreme Court Decided Stay of the Arbitration Pending Compliance with Multi-tiered Clause|
Erdem Erdem Law Office;
August 17, 2016, previously published on June 2, 2016The Swiss Federal Supreme Court (“Court”) with its latest decision dated March 16, 2016, numbered 4A&under;628/2015 and published on March 29, 2016 (“Decision”) decided to stay the arbitration as a result of a failure to comply with a multi-tiered dispute resolution...