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Documents on Alternative Dispute Resolution
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|Expert Witnesses in International Commercial
Mehves Erdem; Erdem Erdem Law Office;
December 29, 2016, previously published on December 29, 2016In international arbitration, a party may submit evidence in different categories. Opinions of expert witnesses forms one of these categories. Expert opinions are mostly relied upon in complex cases that require special knowledge, such as construction, oil and gas, and insurance disputes, or in...
|Recent Decision of the Court of Cassation on the Forfeiture of the Right to Submit Evidence When the Respondent Fails to Submit its Statement of Reply|
Ezgi Babur von Schwander; Erdem Erdem Law Office;
December 23, 2016, previously published on July 2016In its recent decision, the General Assembly of Civil Chambers, the Court of Cassation (“GACC”) has analyzed the possibility to submit evidence for a respondent who failed to submit its statement of reply, and a very important decision was granted. In the decision dated 20.04.2016 and...
|Recent Philip Morris v. Uruguay Decision|
Erdem Erdem Law Office;
December 23, 2016, previously published on July 2016The Philip Morris v. Uruguay case pending before the International Centre for Settlement of Investment Disputes (“ICSID”) has been recently decided in favor of Uruguay, the Respondent. This lawsuit, filed by Philip Morris, was decided by the arbitral tribunal that was constituted by...
|Louisiana Supreme Court Bounces Out on Arbitration Clause|
Andrew P. Burnside, Lisa Diane Hanchey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 21, 2016, previously published on December 1, 2016A recent Louisiana Supreme Court decision over the enforceability of an arbitration clause has the justices battling it out. Against well-established precedent favoring arbitration clauses, the court recently found that a provision in an indoor trampoline park’s participant agreement was...
|Amendment to ICC International Arbitration Rules Adding Expedited Procedures|
Craig R. Chiasson, Robert J.C. Deane, Bruce Gailey; Borden Ladner Gervais LLP;
December 12, 2016, previously published on November 24, 2016For decades the Rules of Arbitration of the International Chamber of Commerce (the "Rules") have been used by companies as a means for resolving disputes - particularly in international transactions. On November 4, 2016 the ICC announced an amendment to these Rules in order to incorporate...
|Arbitration Agreements - Incorporation by Reference of an Arbitration Clause in Another Document Is a Simple Matter ... Isn't It?|
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 6, 2016, previously published on November 17, 2016Drafting an arbitration clause for your agreement is a straightforward matter most of the time. Sometimes it can be as simple as incorporating by reference an arbitration provision in another document or agreement. Easy peasy. Or is it?
|Safeguarding the Arbitration Process: Court Deters Frivolous Claims of Arbitrator Bias|
R. Aaron Rubinoff, John Siwiec; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
November 17, 2016, previously published on November 02, 2016Two benefits that are commonly cited in favour of arbitration are the ability to select the decision-maker and the finality of awards. Two recent decisions of the Ontario Superior Court of Justice have further emphasized these benefits by awarding substantial indemnity costs against parties who...
|Beauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate|
Lisa Mireille Bowman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 17, 2016, previously published on November 7, 2016Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate-as the Ninth Circuit Court of Appeals made clear in the recent case of Martin v. Yasuda . In the case, the court barred a beauty school and...
|Québec Superior Court Confirms Strict Liability for Cheque Bearing Forged Endorsement, in a Case of Identity Theft and Mortgage Fraud|
Josiane Brault, Alexander De Zordo; Borden Ladner Gervais LLP;
November 9, 2016, previously published on November 1, 2016In Gescoro inc. v. Notaire Francis-Pierre Rémillard (available in French), the Québec Superior Court ruled that a notary's cheque remitted to a fictitious vendor who had stolen the identity of an individual, in order to perpetrate a mortgage fraud in a property sale, can be reversed...
|Sixth Circuit Holds Employees’ Continuing Work Constitutes Assent to Mandatory Arbitration Agreement|
Michael O. Eckard, KyraAnne Gates; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 9, 2016, previously published on October 27, 2016The Sixth Circuit Court of Appeals, in an unpublished decision, recently held that under Kentucky law, merely continuing to work for an employer constitutes assent to an arbitration agreement when that agreement is a condition of employment—even if the employee has not signed an...