Alternative Dispute Resolution (ADR) Civil Remedies

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
News & Analysis as of

Court Rejects Manifest Disregard Of Law Claim

A district court in Pennsylvania has denied a motion to vacate a prior arbitration award based on the arbitrator’s alleged manifest disregard of the law, and instead granted a motion to confirm the award in a case arising out...more

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

Chevron-Lago Agrio: the risks of third-party funding in multijurisdictional disputes

As third-party funding continues to become more common in international disputes, particularly international arbitration, new concerns continue to emerge for parties and counsel who have sought to make use of this new...more

Employment Law - December 2014

California Jury Awards Record $185M Verdict to Female Employee - Why it matters: A California jury made national headlines and terrified employers across the country when it awarded $185 million in punitive damages...more

Seventh Circuit Rejects Another Settlement With Disproportionate Attorney Fees Compared to Class Member Benefits

The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did...more

Enforcement of Arbitration Award by Equitable Execution over Foreign Assets

In Cruz City Mauritius Holdings v Unitech Ltd & ors [2014] EWHC 3131 (Comm), 2 October 2014, Males J allowed the application of the claimant for the appointment of receivers by way of equitable execution over the foreign...more

Delaware Supreme Court Reverses Lower Court And Affirms Arbitrator’s Award

Reversing the Court of Chancery’s ruling vacating an arbitration award, the Delaware Supreme Court held in SPX Corporation v. Garda USA, Inc. that the arbitrator’s decision should have been affirmed because the arbitrator’s...more

2015 Labor & Employment Law Update for California Employers

The California Legislature enacted a number of new bills that become effective in 2015. Among the most significant are the following...more

Is a Memorandum of Costs required in addition to a Fee Petition?

In Kaufman v. Diskeeper Corp., 2014 DJDAR 11468, the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a filed Memorandum of Costs and a related Petition to...more

Singapore: The Second Persero Case*

A judgment of July 16, 2014 of the Singapore High Court enforcing a “binding” but not “final” decision of a dispute adjudication board under the FIDIC Conditions of Contract for Construction 1999 (the so-called “Red Book”)...more

Don’t Slip Up: The “Boilerplate” Provisions of Your Contracts Deserve Equal Attention

No one would knowingly pay little heed to such a potentially treacherous condition, yet every day in contract negotiation parties devote the vast majority of their efforts to the business terms, while glossing over the...more

Court Denies Petition For Order Confirming Final Arbitration Award And Entry Of Judgment

In First State Ins. Co. v. Nationwide Mutual Ins. Co., No. 13-cv-11322-IT (U.S.D.C. D. Mass. Oct. 21, 2014), a petition for an order to confirm a final arbitration award and entry of judgment was denied. The court determined...more

Allocation Methodology

This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the...more

$1B Settlement Reached in Stryker Hip Implant Mass Tort

Thousands of plaintiffs in New Jersey and around the country who had surgery to remove failed hip implants settled their claims November 3 in a deal that is expected to pay out more than $1 billion. It was reached after four...more

Unchecked: How Frazier v. CitiFinancial Eliminated Judicially Created Grounds for Vacatur Under the Federal Arbitration Act

Arbitration agreements play a pivotal role in resolving civil disputes. In an effort to avoid the time and expense of litigation, arbitration is often favored over traditional judicial remedies. In 1925, Congress passed the...more

Litigation Update: Court's Refusal To Enforce An Award On Public Policy Grounds: A Step Backward For International Arbitration In...

In recent years, Australian courts have confirmed the "sacrosanct principle of international arbitration that courts will not review the substance of arbitrators' decisions" 1, assuring parties to a dispute that the...more

International Arbitration Newsletter

In This Issue: - The 2014 LCIA Rules - Latham & Watkins Secures Arbitral Award and Judgment When Respondent Fails to Post Full Security for Enforcement Stay - Ukraine Crisis: A Recap of the Latest US and EU...more

Ghomeshi Claim Faces Significant Challenges

The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues...more

About that English Law and Arbitration Clause: Consider enforcement implications before signing

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom specify English law as controlling, with a clause providing for arbitration of...more

Court Confirms Arbitration Panel’s Interim Award Requiring Reinsurer To Post Security For Cedent’s Claimed Losses

A federal district court has confirmed an arbitration panel’s interim award requiring Allied Provident, as reinsurer, to post security for unreimbursed losses and expenses that its cedent claims are due under the parties’...more

A Rare Judicial Look at the Contracts (Rights of Third Parties) Act

The recent Part 8 decision in Hurley Palmer Flatt v Barclays Bank Plc considered the application of the Contract (Rights of Third Parties Act) 1999 (the Act) and whether a third party could rely on the contractual right to...more

Indian Supreme Court Cancels Mining Concessions

On 24 September 2014, the Indian Supreme Court cancelled 214 out of the 218 existing coal-mining licenses. The only mining licences which were not cancelled were four coal blocks made to Government controlled undertakings...more

Minnesota Supreme Court Finds AAA Rules Give Arbitrator Power To Issue Sanctions Over $600 Million

The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued...more

Village of Posen’s Rough Day in Court: The Perils of Challenging an Arbitration Award

The Illinois Appellate Court recently affirmed an arbitrator’s decision to fully reinstate a police officer terminated for cashing workers’ compensation checks while also receiving full disability pay during recovery from an...more

Five Tips for State Courts Considering Whether to Vacate Arbitration Awards (ahem, South Dakota, Ohio)

In an example of “What Not to Vacate,” the South Dakota Supreme Court just vacated an arbitration award because the arbitrator dared to apply a South Dakota statute allowing attorneys’ fees to the claimant. A week earlier,...more

409 Results
|
View per page
Page: of 17

Follow Alternative Dispute Resolution (ADR) Updates on: