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Documents on Alternative Dispute Resolution
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|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?
|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...
|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...
|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...
|Endean v. British Columbia: An Opening (But Not a Floodgate) for National Class Proceedings|
Alessandra V. Nosko; Borden Ladner Gervais LLP;
October 27, 2016, previously published on October 20, 2016On October 20, 2016, the Supreme Court of Canada released its decision in Endean v. British Columbia.1 The decision supports the advance of multijurisdictional national class proceedings, but questions remain as to the extent to which such proceedings can be efficiently managed and adjudicated...
|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...