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

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

Perils of Refusing to Mediate

by Heenan Blaikie LLP on 6/14/2012

Section 132(4) of the Condominium Act (the “Act”) provides that every declaration shall be deemed to contain a provision that the corporation and owners agree to submit a disagreement with respect to the declaration, by-laws...more

Arbitrator lacks jurisdiction to make orders affecting third parties

by Ellyn Law LLP on 12/19/2011

Commercial Arbitration is a process which depends on the consent of the parties. Only parties to the arbitration agreement can be affected by the arbitrator's award. In this article, the authors review a recent judgment of...more

Traditional Litigation versus Alternative Dispute Resolution (in collection cases)

by Steven Harms on 4/26/2011

Traditional litigation or ADR...in collection cases the goal is always the shortest route to the collecion of money, at the least cost to client. Some of the considerations in this article may assist....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

Corporate and Financial Weekly Digest - March 26, 2010

by Katten Muchin Rosenman LLP on 3/26/2010

In this issue: *BROKER DEALER ..FINRA to Require Firms to Designate a Super Account Administrator ..CBOE and CHX Amend Rules to Prohibit Broker Discretionary Voting on Director Elections and Other Matters *CFTC ..CFTC...more

ARBITRATION ENFORCED AT ANY COST? PERHAPS NOT.

by Robert M. Heller, A Professional Law... on 10/21/2009

The pendulum may finally be swinging back. Recent court opinions, as discussed below, reveal a more guarded approach toward the once heralded arbitration process, as evidenced by judges’ greater willingness to vacate...more

A Business Person's Perspective on Resolving Shareholder Disputes in Canada

by Ellyn Law LLP on 9/15/2009

When shareholders, officers and directors disagree about how a business should be run, its future could be at stake. For many shareholders in medium-sized and small private businesses, the their shares are their and most...more

Resolving Shareholder Disputes in Canada

by Ellyn Law LLP on 7/5/2009

This article, published in July 2009, discusses key issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors, Igor Ellyn and Orie Niedzviecki, both of Ellyn Law LLP Business...more

AN ARBITRATOR'S POWERS ARE LIMITED

by Robert M. Heller, A Professional Law... on 11/23/2008

There are differences between arbitration and litigation: An arbitrator has no authority to order an in camera review of information protected by the attorney-client privilege, the absolute work-product doctrine or the...more

HOW FINAL ARE ARBITRATION AWARDS?

by Robert M. Heller, A Professional Law... on 4/1/2008

How Final Are Arbitration Awards? The answer may surprise you. For years, contractual arbitration awards have been subject to limited judicial review. Indeed, under State and Federal law, such awards could be challenged...more

LITIGATION VS. ARBITRATION

by Robert M. Heller, A Professional Law... on 6/1/1998

Now that arbitration has matured, is it still the economical, efficient service its proponents claim it to be? The answer is decidedly mixed. Costs of arbitration have risen to the point where it can be more expensive than a...more