Alternative Dispute Resolution (ADR) Updates

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
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Ontario's new International Commercial Arbitration Act, 2017

On March 22, 2017, key aspects of Ontario’s arbitration legislation were significantly revised when Bill 27, Burden Reduction Act, 2017 received Royal Assent from the Lieutenant Governor. According to its own introductory...more

Second Circuit Finds District Court Erred In Decision On Enforcement Of International Arbitration Award

The factual and procedural background of this case can be found here. In sum, beginning in the 1990s, the appellants, a group of Brazilian companies (collectively, “CBF”) entered into a series of contracts with Primetrade AG,...more

Eleventh Circuit Looks To Alabama’s Doctrine Of “Intertwining” To Determine Non-Signatory Cannot Be Compelled To Arbitrate

Under Alabama law, “arbitration may be compelled under the doctrine of ‘intertwining’ where arbitrable and nonarbitrable claims are so closely related that the party to a controversy subject to arbitration is equitably...more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

A Contract Be too Good to Be True

If it sounds too good to be true, it probably is. A Florida Supreme Court decision provides a variation on the adage: if a contract looks too favorable to one side to be valid, it probably isn’t. Thirty-nine weeks...more

Federal Circuit Confirms $455 Million ICC Arbitration Award

The Federal Circuit this month, for the first time, confirmed an international arbitral award administered by the International Chamber of Commerce (ICC). In another first for the Federal Circuit, the court indicated that it...more

Investors in Southern African Development Community Stripped of International Treaty Protections

In January 2014, Jones Day reported on the protection offered to foreign investors in Sub-Saharan Africa pursuant to the Southern African Development Community ("SADC") enacted on April 16, 2010. As noted in that Commentary,...more

Calling time on time limits?

CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification for the rule is well-known. Undue delay sits uncomfortably with good...more

Federal Court Resolves Arbitration Challenges To Dissolution Of Lawyer And Non-Lawyer Partnership

A federal court recently decided a host of different motions related to an arbitration dissolving the now-defunct Beltway Law Group (“BLG”), a firm that operated websites and other marketing efforts to attract clients on...more

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision...

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair...more

Employers Closely Follow Gorsuch Confirmation Hearing as He May Cast Deciding Vote on Validity of Class Action Waivers

March 22, 2017 marks the third day of the confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch. Many employers throughout the Carolinas are watching the process with interest given the impact Judge Gorsuch would...more

Pursuing non-performing loans in the Middle East A key issue checklist for financial institutions

With liquidity again becoming a serious concern in the region, we are witnessing a sharp uptick in the number of instructions from regional and international lenders relating to (i) regional borrowers failing to repay a loan;...more

Update on CAJAC

The China-Africa Joint Arbitration Centre (CAJAC) is a partnership between the Arbitration Foundation of Southern Africa (AFSA) and the Shanghai International Arbitration Centre (SHIAC). One of the main reasons for the...more

Federal Circuit Upholds $455 Million International Arbitration Award, But Finds That Federal Statutory Interest Rate, Rather Than...

The Federal Circuit has upheld a district court’s confirmation of a $455 million award by an international arbitration tribunal, but modified the judgment to clarify that, after the date of the district court’s judgment...more

The Draft International Arbitration Bill will be tabled in parliament soon

The Justice and Constitutional Development Department published the draft bill's explanatory summary in Government Gazette 40687. The proposed legislation seeks to...more

The new ICC Expedited Procedure Rules

On 1 March 2017, the new International Chamber of Commerce Rules (ICC Rules) came into effect. One of the main changes to the Rules is the introduction of the Expedited Procedure for matters that satisfy the requirements set...more

Keeping Up with the Kardashians’ Attempt to Compel Trademark Arbitration

In a case stemming from a trademark dispute involving a beauty line owned by the Kardashian sisters, the US Court of Appeals for the 11th Circuit affirmed the district court’s denial of a motion to compel arbitration filed by...more

An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void as Against Public Policy

Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a...more

Bona fide challenge to arbitral award cannot be subject to security order

The UK Supreme Court unanimously overturned the Court of Appeal in finding that the latter had no power, under the UK Arbitration Act 1996 or otherwise, to make a bona fide public policy challenge to the enforcement of a New...more

N.J. Supreme Court Finds Material Breach by Company That Knowingly Refused to Cooperate with Arbitration Demands Filed in...

The New Jersey Supreme Court has ruled that a company’s refusal to cooperate with plaintiffs’ arbitration demands was a material breach of their arbitration agreement, which barred the company from later compelling...more

Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, but Only After Severance of PAGA Ban

A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court’s decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision of the agreement was valid and...more

Sixth Circuit Finds It Has No Jurisdiction Over Appeal Of Order Compelling Arbitration And Enjoining State Court Proceedings

The Sixth Circuit has dismissed the appeal of an order granting a motion to compel arbitration and to enjoin certain state court proceedings, finding the order was not appealable because the district court stayed the matter...more

Piracy – Additional Premium and Crew Costs

In London Arbitration 11/17 it was held in respect of a charter on an amended NYPE 93 form, incorporating the BIMCO Piracy clause and the Conwartime clause, that: 1. A claim for reimbursement of additional premium (AP)...more

Under Construction - March 2017

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

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