Alternative Dispute Resolution (ADR), Constitutional Law, Civil Procedure

Judicial References: A remedy for more efficient dispute resolution

by Hon. Ann Kough | JAMS, The Resolution Experts on 5/7/2013

With cash-strapped court systems across the country making cuts that result in ever-growing dockets, achieving efficient dispute resolution through litigation is becoming more challenging. In California, one remedy could be...more

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 4/22/2013

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

Reed Smith Massachusetts Quarterly Update - 4th Quarter 2012

by Michael Jacobs, Robert Weyman | Reed Smith on 1/21/2013

Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Massachusetts. Every three months we will be updating you on the key cases and administrative releases, as well as...more

Fifth Circuit Holds that Personal Jurisdiction is Required in New York Convention Recognition Proceedings

by King & Spalding on 1/3/2013

On December 21, 2012, the U.S. Court of Appeals for the Fifth Circuit issued its decision in First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., in which that court addressed, for the...more

Jams Dispute Resolution -- Winter 2012

by JAMS, The Resolution Experts on 12/13/2012

In This Issue: IN DEPTH - ..How ADR Intersects with Multidistrict Litigation ADR CONVERSATIONS - ..Increased Diversity in ADR Essential to Keep Up with Evolving Global Marketplace ADR NEWS & CASE...more

Arbitration Process Reconfirmed in Landmark Indian Supreme Court Decision

by Miller Canfield on 9/26/2012

On September 6, 2012, the Supreme Court of India delivered a landmark decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc. In a decision that is expected to be welcomed by the international arbitration...more

Federal Court Bars Arbitrations by Delaware Court of Chancery Judges

by Pepper Hamilton LLP on 9/10/2012

In April 2009, the Delaware General Assembly enacted a statute allowing sitting judges on the Delaware Court of Chancery to preside over private arbitrations to resolve business disputes involving Delaware entities. On August...more

The Wheels Keep Spinning Against Lance Armstrong

by Sedgwick LLP on 8/21/2012

This time around, Lance Armstrong’s big battle is not against other cyclists in a road race; it’s with the U.S. Anti-Doping Agency (USADA). In June, the USADA opened an investigation into allegations that Armstrong used...more

Are Residential Real Estate Contracts Outside The Bounds of Interstate Commerce?

by Leonard, Street and Deinard - Arbitration... on 7/25/2012

The Supreme Court of South Carolina just ruled that contracts for the sale of residential property are not interstate commerce, and therefore are outside the reach of the Federal Arbitration Act. Bradley v. Brentwood Homes,...more

Hong Kong Court of Appeal Overturns an Order of the Court of First Instance to Set Aside ICC Arbitration Award

by White & Case LLP on 6/5/2012

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd overturning an order of the Court of First Instance to set aside an ICC arbitration award made in...more

Appellate Court Upholds Binding Mediation Agreement

by Allen Matkins Leck Gamble Mallory & Natsis... on 5/31/2012

The California Constitution (Art. I, § 16) guarantees an “inviolate” right to a “trial by jury”. In a civil case, the right to a jury may be waived by “the consent of the parties expressed as prescribed by statute”. Id. ...more

Court System in Armenia

by Nerses Isajanyan on 2/24/2012

The court system in Armenia has been subject to multiple changes since the country gained its independence in 1991. Now that reforms have come to a halt, it is worth providing a short overview of the structure of the...more

Striking Down Class-Action Waivers in Arbitration: Freedom of Contract vs. Fairness of Contract

by Michael Diaz Jr. - Diaz Reus International... on 6/21/2011

Determining the enforceability of mandatory class-action waiver provisions in arbitration clauses is not merely an academic exercise for those sheltered within ivory tower walls. Indeed, a number of important legal and public...more

Jackson Reforms: A reform too far?

by Martin Callan on 6/12/2011

The Jackson Reforms, proposed by Lord Justice Jackson appear to be nothing short of a direct assault on “access to justice” and the “gateway to justice”....more

Consumer Contracts and Class Actions: U.S. Supreme Court to Decide Whether State Unconscionability Law Bars Mandatory Individual...

by Duane Morris LLP on 4/25/2011

While class actions continue to grow in importance as a means of resolving consumer disputes with U.S. businesses that provide credit cards, consumer lending, wireless telephones and other services, such providers customarily...more