Civil Procedure, Alternative Dispute Resolution (ADR)

The Relationship Is Governed By Multiple Agreements And Not All Require Arbitration; Must You Arbitrate?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/23/2013

In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for...more

The Supreme Arbitrazh Court Clarifies Russian Public Policy

by Francesca Albert, Dmitry Kurochkin | Dechert LLP on 5/23/2013

The Presidium of the Supreme Arbitrazh Court (“SAC”) recently published Information Letter No. 156 approving the Review of the Arbitrazh Courts’ Practice of Considering Cases Concerning the Application of Public Policy as a...more

Florida Supreme Court Decision: Arbitration And The Statute Of Limitations

by Schecter Law on 5/21/2013

Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations....more

Florida Complex Litigation Update: Raymond James Financial Services, Inc. v. Phillips: Florida Supreme Court rules that statute...

by Fuerst Ittleman David & Joseph, PL on 5/21/2013

Resolving a matter of first impression in Florida, the Florida Supreme Court recently issued its decision in Raymond James Financial Services, Inc. v. Phillips, Case No. SC11-2513 (Fla. May 16, 2013), concluding that...more

Problematic Sports Industry Contract Provision No. 1 - The (Un)enforceability of Arbitration Provisions

by M. Quinn Murphy | Armstrong Teasdale LLP on 5/21/2013

The first problematic contract provision often found in sports industry contracts are arbitration provisions. Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more

The Arbitration Decision

by Haley McCauley, David Treacy | Dinsmore & Shohl LLP on 5/20/2013

MHC Kenworth ruling strengthens enforcement of arbitration provisions, but are they good for your business? Although public policy generally favors the enforcement of arbitration agreements, Kentucky courts...more

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/16/2013

Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

Tenth Circuit Holds Underlying Securities Claims Interrelated

by Traub Lieberman Straus & Shrewsberry LLP on 5/14/2013

In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,...more

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

by David Johnson | Winstead PC on 5/13/2013

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

by William Needle | JAMS, The Resolution Experts on 5/9/2013

When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies...more

eDiscovery: The View From Singapore

by Pooja S. Nair | Foley & Lardner LLP on 5/7/2013

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration....more

Judicial References: A remedy for more efficient dispute resolution

by Hon. Ann Kough | JAMS, The Resolution Experts on 5/7/2013

With cash-strapped court systems across the country making cuts that result in ever-growing dockets, achieving efficient dispute resolution through litigation is becoming more challenging. In California, one remedy could be...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

Federal Courts Can Enjoin State Court Litigation Of Arbitrable Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/3/2013

In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or...more

Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

by Pavel Boulatov, Grigory Chernyshov, Julia Zagonek | White & Case LLP on 5/1/2013

This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Civil Procedure › Alternative Dispute Resolution (ADR)