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
Zell Global (“Zell”) and Blue Aerospace (“Team Blue”) entered into a contract where Zell would render financial consulting services in connection with the potential sale of Team Blue’s assets or equity. ...more
In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more
Can You Be Forced to Arbitrate Even If You Didn’t Sign the Underlying Arbitration Agreement? by Joel N. Kreizman on January 16, 2013 To the surprise of many New York and New Jersey businesses, the answer may be yes....more
The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more
Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more
Settlement negotiations regarding legal claims can generally be successful only if discussions lead to a compromise which leaves both parties fearful that litigation may lead to a result potentially far worse. When there are...more
Special Masters are often appointed by courts in complex litigation to oversee discovery and resolve discovery disputes between litigants. Yes, they are an added expense, but their ability to quickly and efficiently resolve...more
In the last post, the Fifth Circuit affirmed an arbitration award against Morgan Keegan. The Ninth Circuit just affirmed an arbitration award against Morgan Keegan in a sister case. In less than two pages, the Ninth Circuit...more
In This Issue: - Editors' Overview - Prospects for Avoiding ERISA Class Actions with Arbitration Agreements - Rulings, Filings, and Settlements of Interest ...more
On July 3, 2012, the United States Court of Appeals for the Second Circuit refused to vacate an arbitration award against Goldman Sachs Execution & Clearing, P.C. The Court left intact the arbitration panel’s finding that the...more
Ryan N. Bowers et al., v. Raymond J. Lucia Companies, Inc. California Court Of Appeal, Fourth District (May 30, 2012) Parties are using mediation as a form of alternative dispute resolution more and more frequently. This...more
The FAA sets the rule that an arbitration award may be vacated “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. Sec. 10(a) (2). We know from Commonwealth Coatings Corp. v. Continental Cas. Co.,...more
In an unpublished decision, the California Court of Appeal (Fourth Appellate District, Division One) held that the defendants waived arbitration through their extensive use of litigation machinery, unreasonable delay in...more
In This Issue: - Texas Court of Appeals Holds that Insurer’s Consent was Not Required for Modification of a Reinsurance Agreement to be Enforceable: The Texas Court of Appeals held that an insurer’s consent was not...more
RECENT DEVELOPMENTS French legislative and regulatory developments Page 4 French proceedings Page 7 UPDATES The dematerialisation of French civil procedure: More than ever a reality Page 9 Reform of the French Blocking...more
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
In Cinel v. Christopher, 2012 DJDAR 2171 (2012), the Second District California Court of Appeal reviewed an order rendered by the trial court denying a petition to confirm an arbitration award....more
The Ninth Circuit has invalidated California's public injunction exception to arbitration. Claims under the State's Unfair Competition Law (17200)are now arbitrable even if a public injunction is sought....more
You are now sitting down to organize your Discovery Plan and determining what discovery you need to evaluate your case, prepare for mediation, file a motion for motion for summary judgment/summary adjudication and/or get it...more
The California Supreme Court recently held in Cassel v. Superior Court, 51 Cal. 4th 113 (2011), that California’s statutory mediation privilege prevents the disclosure of private communications between an attorney and...more
Secretary of State for Justice, Ken Clarke, has published a new consultation on reforming Civil Justice in England and Wales in which he sets out plans to tackle the perceived compensation culture, restore proportionality in...more
The launch of the “resolving workplace disputes” consultation by the Department for Innovation, Business and Skills (BIS) is described as being the next step in the Governments comprehensive review of employment laws. In...more
Consumer facing companies underatnd that brand protection is mission critical activity. A company's brand is its promise to consumers on issues such as health, safety, quality and integrity. Certain litigation can destroy...more
This is a work for hire. Father sought to obtain a passport for his 3 year-old child to send him to Nigeria to live with Father's sister. Mother asserts that she would have no recourse against Father if child went to...more
This document answers the question whether or not it is possible to succesfully hold arbitrators liable for delivering a wrongful award after this award has been set aside by a Court....more
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