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Search Results (1746) Documents on Alternative Dispute Resolution Show: results per page Sort by:  | The New Generic Top-Level Domains and the New Trademark Clearinghouse: Deciding Whether to Register Your Brands
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article May 22, 2013, previously published on May 16, 2013 The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains (“gTLDs”) on the Internet. The most popular gTLDs...
| | The Arbitration Decision
David J. Treacy, Haley Trogdlen McCauley; Dinsmore & Shohl LLP;
Legal Alert/Article May 22, 2013, previously published on May 17, 2013 Although public policy generally favors the enforcement of arbitration agreements, Kentucky courts historically have faced unique jurisdictional limitations on their ability to enforce such agreements. Kentucky statutory law prevents state courts from enforcing arbitration agreements unless they...
|  | “Courting Arbitration”: Specialized Chamber of the São Paulo Appellate Court Decides First Arbitration Cases.
Antonio Marzagão Barbuto Neto, Fernando Eduardo Serec; TozziniFreire Advogados;
Legal Alert/Article May 22, 2013 Arbitration would have never become a viable mechanism for resolution of commercial disputes if not for the decisive role played by the Brazilian courts. Starting with the Supreme Court’s 2001 landmark ruling on the Arbitration Law’s constitutionality, and continuing with the...
| | Fourth Circuit Enforces Arbitration Clause over Franchisee Challenge
Jesse C. Ehnert, Paul R. Marino; Day Pitney LLP;
Legal Alert/Article May 22, 2013, previously published on May 21, 2013 In a recent case involving three different challenges to an arbitration clause in a franchise agreement, the U.S. Court of Appeals for the Fourth Circuit held that the arbitration clause was enforceable despite the agreement's inclusion of (1) a class-action waiver, (2) a fee-splitting clause, and...
| | Insurance Arbitration in Major Brazilian Infrastructure Project: A Policy That Turned Into a Police Case
Antonio Marzagão Barbuto Neto, Fernando Eduardo Serec; TozziniFreire Advogados;
Legal Alert/Article May 22, 2013 There is a saying among lawyers that hard cases make bad law, and this is no less true in arbitration than it is elsewhere. In a recent decision, the State Appeals Court of São Paulo dealt with a case that is as hard as it can get: it involves rioting construction workers, a R$ 1.4 billion...
| | Dispute Over Duke’s 2012 Proposed Rate Increase Continues
Mary Kathryn (Katie) King; Spilman Thomas & Battle, PLLC;
Legal Alert/Article May 21, 2013, previously published on May 16, 2013 On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke initially sought a 12 percent rate increase, but eventually entered into a...
| | Increased International Arbitration in American ADR Venues
Sally Fitch LLP;
Legal Alert/Article May 20, 2013 Arbitration and mediation of international commercial disputes takes place in a variety of venues, and the location is often determined by the commercial contract that has been brought into dispute. For offshore businesses that find themselves needing local counsel in the U.S., that likely means...
| | International Chamber of Commerce Implements New Arbitration Rules
Sally Fitch LLP;
Legal Alert/Article May 20, 2013 One of the key factors that most companies consider when doing business with foreign enterprises is the potential costs of resolving international commercial disputes. In most cases, that means looking at the comparative advantages of arbitration as opposed to business litigation in U.S. or foreign...
| | Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements
Peter C. Gourdine, Paul J. Halasz; Day Pitney LLP;
Legal Alert/Article May 16, 2013, previously published on May 14, 2013 Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements. Whether a manufacturer can enforce such a provision requires an analysis of competing state and federal statutes and a determination of whether the vehicles sold fall within the statutory...
| | Proposed Amendments to Hong Kong’s Arbitration Ordinance—Macao: The Missing Piece
Phillip Georgiou, Ashley M. Howlett; Jones Day;
Legal Alert/Article May 15, 2013, previously published on May 2013 The Arbitration (Amendment) Bill 2013 (the "Bill") was gazetted by the government of the Hong Kong Special Administrative Region ("Hong Kong") on March 28, 2013. The Bill contains a number of proposed amendments to the Hong Kong’s Arbitration Ordinance (Cap. 609) (the...
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