Civil Procedure

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

News & Analysis as of May 19, 2013

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/9/2013

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

First Circuit Makes Circuit Split Lopsided In Favor Of Narrowing Impact Of Stolt-Nielsen

by Leonard, Street and Deinard - Arbitration... on 7/4/2012

With less colorful language than its last arbitration opinion, the First Circuit sided with the Second and Third fireworks Circuits in limiting the application of the 2010 Stolt-Nielsen decision on the availability of class...more

Franchise Review - May 2012: Other Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more

Petitioner Seeking To Vacate International Arbitral Award Has Choices Concerning How To Serve Respondent

by Cadwalader, Wickersham & Taft LLP on 1/9/2012

Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011), involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway....more

Class Action Waivers in Commercial Agreements: Comparing Their Treatment in the US and Canada by Jennifer Dolman and Matt Thompson

by Jennifer Dolman on 12/1/2011

This article first appeared in the December 2011 issue of LJN’s Franchising Business & Law Alert. It discusses the treatment of class action waivers in commercial agreements (including franchise agreements) in the US...more

Does a Decision to Arbitrate Still Make Sense by Leslie Dizgun and Jennifer Dolman with the assistance of Matt Thompson

by Jennifer Dolman on 10/24/2011

This paper was presented at the Ontario Bar Association 11th Annual Franchise Law Conference on November 2, 2011. It addresses whether arbitration makes sense in the franchise context and summarizes how the courts have...more

Osler Update: Supreme Court of Canada Allows Parties to Escape Arbitration Clause and Pursue Class Action

by Jennifer Dolman on 3/24/2011

This Osler Update is a summary of the much anticipated Supreme Court of Canada decision in Seidel v. Telus Communications Inc. (Telus)which was released on March 18, 2011. At issue was whether a mandatory arbitration clause...more

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