Business Organization, Alternative Dispute Resolution (ADR)

Arbitration Compelled Based On Unsigned Arbitration Agreement

by Mack Sperling | Brooks Pierce on 4/29/2013

If you were thinking that an arbitration agreement needs to be signed in order to get an order compelling arbitration, your world may have been turned on its ear by the Order from the Business Court last week in Morton v....more

Li v. Standard Fiber, LLC, C.A. No. 8191-VCN (Del. Ch. Mar. 28, 2013) (Noble, V.C.)

by Potter Anderson & Corroon LLP on 4/10/2013

In this memorandum opinion, the Delaware Court of Chancery stayed an action for advancement of legal fees and expenses, ruling that provisions in four separate agreements, when viewed together, demonstrated the parties’...more

The Role of Arbitration in International Business

by Ellyn Law LLP on 3/21/2013

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/13/2013

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/22/2013

The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

by Richard Herold, Benjamin Reeves | Snell & Wilmer L.L.P. on 1/18/2013

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

by Schecter Law on 1/14/2013

In Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 4D12-1273 (Fla. 4th DCA, Dec. 12, 2012), Ibis Lakes Homeowners Association, Inc. (“Plaintiff”) sought review of a non-final order of the trial court...more

"Revised HSR Thresholds Announced"

by Steven Albertson, Rita Sinkfield Belin, Matthew Hendrickson, Brian Mohr, Joseph Nisa, Neal Stoll | Skadden, Arps, Slate, Meagher & Flom LLP on 1/11/2013

On January 10, 2013, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino...more

Contracting Out Discovery Dispute Resolution

by Peter Bauman - Senior Associate at Tharpe &... on 1/1/2013

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

District Court Rules that Individual LLC Member Is Third-Party Beneficiary and Bound by Arbitration Agreement

by Jason F. Clouser, William M. Regan | Katten Muchin Rosenman LLP on 12/29/2012

The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be compelled to arbitrate their claims notwithstanding that the...more

Are Your Company’s Consumer Terms and Conditions Enforceable?

by Adrianne Strong, David Treacy | Dinsmore & Shohl LLP on 12/13/2012

Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

by Lee Simowitz | BakerHostetler on 12/13/2012

The worst antitrust offenses involve conspiracies involving multiple actors. Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or bid-rigging, require...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

Hostess Does Not Liquidate, Set to Mediate With Union

by Douglas Mintz, Jeffrey H. Taub | Cadwalader - Financial Restructuring on 11/20/2012

Reports of Twinkie the Kid’s death have been exaggerated. Despite widespread mainstream media reports of Hostess’ impending liquidation, the court has not yet approved liquidation. To the contrary, on November 19, 2012, after...more

Doing Business in Canada: Dispute Resolution

by Bennett Jones LLP on 10/18/2012

Dispute resolution in Canada follows procedures in line with other leading western legal systems, including those of the United Kingdom and the United States. The independence and impartiality of the Canadian judiciary is...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer L.L.P. on 9/14/2012

In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more

Baker & McKenzie: Asia Pacific International Litigation and Arbitration Newsletter (Edition 2 - 2012) - September 2012

by Baker & McKenzie Australia on 9/5/2012

In This Issue: - Rift within CIETAC Brings Uncertainty to Arbitration Agreements Selecting CIETAC Shanghai or Shenzhen Sub-Commissions - Australian Court Decision Imparts Guidance on Public Policy - Hong...more

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

by Miller Starr Regalia on 8/21/2012

The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more

Robert Freedman - Partner at Tharpe & Howell,...

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Business Organization › Alternative Dispute Resolution (ADR)

Arbitration Compelled Based On Unsigned Arbitration Agreement

Li v. Standard Fiber, LLC, C.A. No. 8191-VCN (Del. Ch. Mar. 28, 2013) (Noble, V.C.)

The Role of Arbitration in International Business

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

"Revised HSR Thresholds Announced"

Contracting Out Discovery Dispute Resolution

District Court Rules that Individual LLC Member Is Third-Party Beneficiary and Bound by Arbitration Agreement

Are Your Company’s Consumer Terms and Conditions Enforceable?

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

Hostess Does Not Liquidate, Set to Mediate With Union

Doing Business in Canada: Dispute Resolution

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

Baker & McKenzie: Asia Pacific International Litigation and Arbitration Newsletter (Edition 2 - 2012) - September 2012

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

Court Funding Cuts Suggest Need For Better Business Planning

DISPUTE RESOLUTION: International Arbitration: Threats to Investment Protection in the EU Energy Sector by John Gaffney

The Importance Of Recognizing And Responding To Legal Issues

California Court Of Appeals Upholds Employer’s Arbitration Waiver

Canadian Government Announces Changes to the Investment Canada Act

Perils of Refusing to Mediate

Russian Legal Update - May 2012

Expand Your Reach