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Documents on Alternative Dispute Resolution
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|Provision Agreeing to Not Challenge Arbitration Award Voided by Georgia Court|
Neil S. Lowenstein; Vandeventer Black LLP;
February 11, 2016, previously published on January 2016An increasingly popular arbitration clause provision is language purporting to waive later challenge to the arbitration award. In a recent decision in Atlanta Flooring Design Centers, Inc. v. R.G. Williams Constr., Inc., 733 S.E.2d 868 (April 2015), the Georgia Court of Appeals held such waiver...
|Softening Sanctions Against Iran: A Canadian Perspective|
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
February 10, 2016, previously published on January 27, 2016On January 26, 2016 Foreign Affairs Minister Stéphane Dion confirmed that Canada intends to normalize relations with Iran, and to begin lifting its Iranian economic sanctions. This comes just 10 days after "Implementation Day" arrived for the Iran Joint Comprehensive Plan of Action...
|Groundhog Day Revisited|
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
February 10, 2016, previously published on February 2016In honor of Groundhog Day (both the holiday and the 1993 film starting Bill Murray) I thought I would devote this edition to the problem of TIME - that is, timing-related issues that repeatedly surface in mediation.
|Action to Set Aside as per the International Arbitration Act|
Erdem Erdem Law Office;
February 4, 2016, previously published on January 8, 2016In accordance with International Arbitration Act numbered 4686 (“IAA”), the only legal remedy for arbitral awards is the action to set aside. One of the most significant aspects of selecting arbitration as a dispute resolution method is that most of the legal systems lack regulations...
|Massachusetts Trial Court Showing Deference to Arbitration as Sutow and Harelick Decisions Hew to Policy Favoring Arbitration|
Michael B. Donahue; Duane Morris LLP;
January 19, 2016, previously published on December 15, 2015For many reasons, it’s good to be New England Patriots quarterback Tom Brady in Boston. However, in light of two recent Massachusetts trial court decisions, it may have been good for him that he was not in court in Boston over the summer when challenging the NFL’s adverse arbitration...
|Preliminary Relief in Arbitration|
Peter R. Silverman; Shumaker, Loop & Kendrick, LLP;
January 14, 2016, previously published on Autumn 2015A historical drawback to arbitration was that parties couldn’t obtain emergency relief from an arbitrator to preserve the status quo pending the full arbitration. Parties seeking emergency relief needed to go to court to obtain a temporary restraining order or preliminary injunction.
|Singapore High Court Provides Guidance on Stays of Arbitral Proceedings|
John Rainbird, Matthew J. Skinner; Jones Day;
January 4, 2016, previously published on December 2015A recent decision of the Singapore High Court has clarified the circumstances in which it will order a stay of arbitral proceedings pending a challenge to the tribunal's jurisdiction.
|New Claims subsequent to the Terms of Reference in ICC Arbitrations|
Ezgi Babur; Erdem Erdem Law Office;
December 11, 2015In International Chamber of Commerce (“ICC”) arbitrations, new claims that are subsequent to the terms of reference are subject to the arbitral tribunal’s authorization. Article 23(4) of the ICC Arbitration Rules (“Rules”) give discretion to the arbitral tribunal by...
|Third Party Funders in Arbitration|
Leyla Orak Celikboya; Erdem Erdem Law Office;
December 3, 2015, previously published on October 2, 2015Third party financing or third party funding may be defined as the financing of arbitration costs of one of the parties by a third person who is not related to the claim.
|Enforcement of Interim and Conservatory Measures Ordered by Arbitrators|
Ezgi Babur; Erdem Erdem Law Office;
November 26, 2015, previously published on September 7, 2015The importance of interim and conservatory measures ordered by arbitrators has been widely recognized in international arbitration, since the important sets of rules regulating arbitrations set forth provisions enabling the arbitral tribunal to rule on these measures. Interim and conservatory...