ADR - Alternative Dispute Resolution | JD Supra Legal News, Updates, Analysis, & Information

Airline Industry Legal Alert: NMB Announces Public Hearing on Proposed Rule Implementing RLA Amendments Which May Eliminate...

by Ford & Harrison LLP on 5/23/2012

Executive Summary: On May 22, the National Mediation Board (NMB) announced that it will hold a public hearing on June 19, 2012, and invited interested persons to share their views on its proposed rule changes relating to the...more

Does your chosen jurisdiction clause extend to the arbitration agreement?

by Bryan Cave on 5/23/2012

It is quite rare for an agreement to state expressly which law shall be applicable to the arbitration clause, because it normally forms part of the agreement. It has been accepted in many cases as well as in the leading...more

Resolving Life Science Collaboration Disputes

by Pillsbury Winthrop Shaw Pittman LLP on 5/22/2012

This article first appeared in Law360, May 11, 2012. Life science companies frequently collaborate to develop drugs or devices. Some collaboration agreements refer disputes to arbitration. Others are silent so any...more

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

by Mintz Levin - Bankruptcy, Restructuring &... on 5/22/2012

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

JAMS Global Construction Solutions -- Spring 2012

by JAMS, The Resolution Experts on 5/22/2012

In This Issue: Assessing the Risks of the Use of Interim and Partial Final Awards; Book Review: International Construction Arbitration Handbook Reviewed by Joel Richler, FCIArb; The Advantages of a “Civil” Approach to...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

by Barger & Wolen on 5/21/2012

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Fraser Milner Casgrain LLP on 5/18/2012

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative...

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more

Reinsurance Redux - May 2012

by Saul Ewing LLP on 5/18/2012

In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more

Russian Legal Update - May 2012

by Dechert LLP on 5/18/2012

In This Issue: - p1 Russia Finally Establishes a Central Securities Depository Increasing Transparency in the Russian Securities Market - p3 Enforcement Procedure for Pledged Property Modified - p4 Investment...more

Franchise Review - May 2012: Other Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more

CFPB Seeks Input on Study of Mandatory Arbitration Clauses

by Loeb & Loeb LLP on 5/18/2012

The Consumer Financial Protection Bureau (CFPB) has launched the preliminary stage of its study into the use of mandatory arbitration clauses by issuing a Request for Information to the public asking for suggestions about how...more

New book excerpt: La mediazione in Inghilterra e Galles ( Mediation in England and Wales)

by Rhys Clift on 5/18/2012

This is a new version of my book "Mediation in England and Wales"; both in English and Italian. The original English version was published (on line only) in November 2010, in anticipation of the implementation of the EU...more

Franchise Review - May 2012: Franchise Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

Manitoba’s The Franchises Act (the Act) and Franchises Regulation (the Regulation) have been proclaimed into force with an effective date of October 1, 2012. On and after that date, franchisors granting franchises to be...more

How to Create the Most Effective Demonstratives for Real Estate Cases

by Cogent Legal on 5/17/2012

At Cogent Legal, real estate and land use cases are among our favorite to support. They can offer up rich and tangible imagery to shape for jury scrutiny. Not surprisingly, trial teams for such cases, on occasion, come to us...more

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Alternative Dispute Resolution (ADR) Updates – May 23, 2012