Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more
In This Issue:
- District of New Jersey Stays Medical Malpractice Suit Pending Arbitration:
Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be?
This morning, Mr Justice Field handed down his decision in the case of Cruz City 1 Mauritius Holdings v Unitech Limited and others  EWHC 1323 (Comm), confirming the jurisdiction of the English courts to order a...more
People have commented so often on the loss of opportunities actually to try cases that little more needs to be said about it. Discovery seems unrestrained, costing so much and taking up so much time that after paying for it,...more
The Financial Industry Regulatory Authority, more commonly known as FINRA, has adopted a Code of Arbitration for Customer Disputes (FINRA has a separate code for industry disputes). Under FINRA’s Customer Code, a claim by or...more
Welcome to the first installment of our bi-monthly employment newsletter. Every two weeks we will highlight recent court decisions and upcoming legislation that impact California employers. We hope you will find the content...more
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for...more
The Presidium of the Supreme Arbitrazh Court (“SAC”) recently published Information Letter No. 156 approving the Review of the Arbitrazh Courts’ Practice of Considering Cases Concerning the Application of Public Policy as a...more
The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more
Enterprises and Cross-border commercial disputes - Agreement on Mediation between Italy and China: On May 20, 2013, the cooperation agreement between the Italy-China Chamber of Commerce at the Chamber of Arbitration of Milan...more
The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more
Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations....more
Resolving a matter of first impression in Florida, the Florida Supreme Court recently issued its decision in Raymond James Financial Services, Inc. v. Phillips, Case No. SC11-2513 (Fla. May 16, 2013), concluding that...more
The first problematic contract provision often found in sports industry contracts are arbitration provisions.
Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more
MHC Kenworth ruling strengthens enforcement of arbitration provisions, but are they good for your business?
Although public policy generally favors the enforcement of arbitration agreements, Kentucky courts...more
Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more
The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more
While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more
On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more
In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more
In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more
On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more
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