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Documents on Alternative Dispute Resolution
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|Long-Term Care Facilities: New Rule Imposes Significant Changes, including Bar on Pre-Dispute Arbitration Agreements|
James A. Shannon; Jackson Lewis P.C.;
October 10, 2016, previously published on October 5, 2016Skilled nursing facilities participating in the Medicare program and nursing facilities in the Medicaid program are prohibited from including a mandatory pre-dispute arbitration clause in their contracts with individuals seeking admission to long-term care (LTC) facilities under a final rule from...
|Ninth Circuit Delivers Another Blow to Employment Arbitration Agreements Containing Class Action Waivers|
Duane Morris LLP;
October 7, 2016, previously published on August 30, 2016On August 22, 2016, the Ninth Circuit became the second federal appellate court to hold that mandatory employment arbitration agreements that prohibit all class proceedings violate the National Labor Relations Act (NLRA) and are unenforceable. See Morris v. Ernst & Young, LLP, No. 13-16599 (9th...
|Tata-DoCoMo Arbitration Developments: Do You Have an "Option" in India?|
Duane Morris LLP;
October 6, 2016, previously published on September 2, 2016Recently, many foreign investors have been closely following the developments in the Indian telecom sector regarding the Tata-DoCoMo arbitration with great interest. The crux of the matter stemmed from a mid-2000s agreement between Tata and DoCoMo that permitted DoCoMo to receive a pre-set amount...
|The Difference Arbitration Makes: Losing Party Pays Costs of Nearly 3 Times Sum Advanced to Cover Legal Fees by Funder|
Christopher Coffin, Hussein Haeri, Tatiana Menshenina, Eleni Polycarpou; Withers Bergman LLP;
October 3, 2016, previously published on September 26, 2016On 15 September 2016 the High Court of England & Wales handed down a judgment in the case of Essar Oilfields Services Limited v Norscot Rig Management Pvt Limited (2016) QBD. The court considered a challenge to the decision of the arbitrator, Sir Philip Otton, in an arbitration under the ICC...
|Don't Make Mediation a Surprise Party|
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 28, 2016, previously published on September 2016One of the recurring problems in mediation is the disclosure of new information that alters the economics of the case. This most frequently occurs during mediation of personal injury claims, but the problem exists across the board. New information can come in the form of insurance coverage...
|Consent to Arbitrate in Investment Arbitration|
Fatih Isik; Erdem Erdem Law Office;
September 27, 2016Arbitration is an alternative dispute resolution method based on consent of the parties, regardless of whether it is a commercial or investment arbitration. A dispute may be brought to arbitration only where the parties have consented to arbitration. In commercial arbitration, the parties consent...
|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...
|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.