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Business Torts Alternative Dispute Resolution (ADR)

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Canadian Mining Company Strikes Gold in US Court

by WilmerHale on

Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...more

Summary procedures in international arbitration - pros and cons

by Dentons on

Traditionally, arbitration has been hailed by some as a faster, cheaper, and therefore preferable method of dispute resolution than, for example, court litigation. However, in matters where less is at stake, costs can often...more

McGill v. Citibank and Arbitration Agreements

On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more

Business Divorce Nation: Five States, Five Cases

by Farrell Fritz, P.C. on

It’s true that the statutory and common-law rules at play in business divorce cases can vary widely from state to state. But it’s also true that court decisions in one state can influence courts in other states, and can...more

Court of Cassation confirms proceedings to set aside Dubai-seated awards cannot be commenced by the debtor

by DLA Piper on

In a recent decision, the Dubai Court of Cassation (CoC) has confirmed that an award debtor is not entitled to apply to set aside an onshore Dubai arbitral award unless the award creditor has first applied to ratify and/or...more

Round-up of litigation and ADR procedure for in-house lawyers

by Dentons on

Specialist courts including the TCC to be referred to as the "Business and Property Courts" - From June 2017, the specialist civil courts will be called the "Business and Property Courts of England and Wales". The...more

Third Circuit Rules Arbitration Agreement Included In Product Manual Is Unenforceable

by Carlton Fields on

This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more

International Arbitration Alert: 2017 Revisions to the ICC Rules of Arbitration and Comparison of Expedited Procedures Under Other...

by WilmerHale on

The International Chamber of Commerce (“ICC”) has revised its arbitration rules (“ICC Rules”) effective 1 March 2017. The 2017 updates are not as comprehensive as the revision of the ICC Rules in 2012, but are intended to...more

English Courts Stay Enforcement of ICSID Award

by Latham & Watkins LLP on

On 20 January 2017, the English Commercial Court handed down an important judgment addressing the intersection of a State’s public international law obligations in investment treaty arbitration and its obligations under...more

Update: Dubai Judicial Committee hands down further decisions

by DLA Piper on

Following on from its first decision in the case of Daman Real Capital Partners Company LLC v. Oger Dubai LLC, Cassation No. 1/2016 (read our previous article), the recently- formed judicial committee (the Committee)...more

The Appeal in Teal: Challenging Commercial Arbitration Awards in Canada

by Bennett Jones LLP on

How final is a final award in a commercial arbitration? The scope of appeal rights against commercial arbitration awards is again before the Supreme Court of Canada. Will this be the last word on the subject?...more

The DIFC Court as a "conduit jurisdiction" - new development

by DLA Piper on

The power of the Dubai International Financial Centre (DIFC) Court to act as a so-called "conduit" jurisdiction for the enforcement of arbitral awards rendered in mainland Dubai (Onshore Dubai) has been severely restricted by...more

DIFC Courts: Still a conduit jurisdiction?

by Dentons on

A recent decision by the Judicial Tribunal casts doubt on the DIFC Courts' ability to act as a conduit jurisdiction. A summary of that decision is set out in this article....more

Two States Buck FAA Preemption, While Alabama Stays the Course

Three state supreme courts tackled arbitration law in recent weeks: Alabama, North Carolina, and Rhode Island. Rhode Island reversed a construction arbitration award because it disagreed with the arbitrator’s analysis. ...more

Fifth Circuit Affirms Denial Of Motion To Compel Arbitration Against Non-Signatory To Arbitration Agreement

by Carlton Fields on

The appeal arose from a consolidated case, originally three separate class actions, resulting from the alleged underfunding of Singing River Health System’s pension plan and KPMG’s alleged failure to detect that underfunding...more

2016 Arbitration Roundup in Australia

by DLA Piper on

In 2016, the Australian courts were at the forefront of maintaining Australia's stronghold as a pro-arbitration jurisdiction. This was notably demonstrated in three Federal Court decisions, which also served as a salutary...more

Chris Lazarini Examines Genuine Issue of Material Fact Standard

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini continues to examine an ongoing case questioning the validity of an arbitration agreement. Read Chris' earlier analysis here. In this most recent installment challenging the...more

Eighth Circuit Upholds Arbitral Immunity In Challenge To AAA’S Removal Of Arbitrator

by Carlton Fields on

Owens, a terminated CEO, engaged in a AAA arbitration with his former company before a three-member panel. In the course of the proceeding, the company sought to remove an arbitrator for making an incomplete disclosure...more

Chris Lazarini Analyzes Right to Jury Under Section 4 of Federal Arbitration Act

by Bass, Berry & Sims PLC on

Bass, Berry & Sims Chris Lazarini analyzed a case outlining when a party is entitled to have a jury decide issues related to the making or enforceability of an arbitration agreement. ...more

Chris Lazarini Comments on Application of Manifest Disregard of the Law

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former trader fraudulently purchased $1 billion in Apple shares that ultimately forced the closure of the trader's firm, Rochdale Securities. Rochdale...more

Court Orders Parties to Retry Arbitration Seven Years After Award

by Bass, Berry & Sims PLC on

In 2008, Move, Inc., initiated a FINRA arbitration against Citigroup Global Markets, alleging that Citigroup improperly invested over $131 million of Move's assets in illiquid and unsuitable auction rate securities. The...more

Texas Courts Continue Their Romance With Arbitration

by Gray Reed & McGraw on

The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and...more

International Arbitration Newsletter - October 2016

by Latham & Watkins LLP on

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Commercial or Consular? State Immunity Frustrates Enforcement of Arbitral Award

by Latham & Watkins LLP on

In its recent decision in L R Avionics Technologies Limited v. The Federal Republic of Nigeria & Attorney General of the Federation of Nigeria, the Commercial Court found that that premises owned by Nigeria were not “in use...more

Anti-Monopoly Disputes Are Not Arbitrable According to Chinese Court

by WilmerHale on

On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer....more

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