Business Organization, Alternative Dispute Resolution (ADR), Civil Procedure

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

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

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

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

Shareholders Remedies in Canada 2012

by Ellyn Law LLP on 3/27/2012

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this...more

Want to Litigate in Private? Opt for Arbitration.

by Fisher & Phillips LLP on 7/5/2011

Non-compete and trade secret litigation inherently involves disclosure of confidential information. Plaintiffs argue that defendants took or used the plaintiff’s confidential information, and they often want the defendants to...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

New “provisional” statistics show a 51% decrease employment tribunal claims – but what about the missing data? Philip Henson -...

by PHILIP HENSON on 4/1/2011

New “provisional” statistics show a 51% decrease employment tribunal claims – but what about the missing data? The Tribunals Service has recently published quarterly statistics for 1 October to 31 December 2010 for all...more

RFOR - Recognition of a Foreign Arbitration Award is Not Barred By a Local Action Filed in Brazil

by Luiz Ramos on 3/22/2011

Recently, in a case handled by our law firm, the Brazilian Superior Court of Justice (“STJ”) ruled that the recognition of a foreign award is not barred by the simple existence of a concurrent lawsuit with the...more

Brazilian Superior Court Holds that Recognition of a Foreign Arbitration Award is Not Barred By a Local Action

by Luiz Ramos on 3/22/2011

Recently, the Brazilian Superior Court of Justice (“STJ”) ruled that the recognition of a foreign arbitration award is not barred by the simple existence of a concurrent lawsuit with the same subject matter in...more

Denial of Discovery Motion Because of No Certification that Parties Attempted to Confer and Resolve There Dispute in Good Faith

by Aaron Minc on 10/17/2010

Denial of Discovery Motion Because of No Certification that Parties Attempted to Confer and Resolve There Dispute in Good Faith...more

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Business Organization › Alternative Dispute Resolution (ADR) › Civil Procedure

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

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

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?

Doing Business in Canada: Dispute Resolution

Shareholders Remedies in Canada 2012

Want to Litigate in Private? Opt for Arbitration.

Jackson Reforms: A reform too far?

New “provisional” statistics show a 51% decrease employment tribunal claims – but what about the missing data? Philip Henson -...

RFOR - Recognition of a Foreign Arbitration Award is Not Barred By a Local Action Filed in Brazil

Brazilian Superior Court Holds that Recognition of a Foreign Arbitration Award is Not Barred By a Local Action

Denial of Discovery Motion Because of No Certification that Parties Attempted to Confer and Resolve There Dispute in Good Faith

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

How Top Clients Select Litigation Lawyers

UK Employment Law Review - 1 October 2010 - Bargate Murray Solicitors (London)

ARBITRATION ENFORCED AT ANY COST? PERHAPS NOT.

AN ARBITRATOR'S POWERS ARE LIMITED

HOW FINAL ARE ARBITRATION AWARDS?

L v. W. memo template demonstration

LITIGATION VS. ARBITRATION

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