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General Business Alternative Dispute Resolution (ADR) Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

OMC Autoriza a México a Suspender Beneficios Comerciales a Estados Unidos en la Disputa del Atún

by Holland & Knight LLP on

México es uno de los pocos países a los que se les ha autorizado adoptar medidas de retorsión en contra de los incumplimientos de sus socios comerciales, y que ha hecho uso de esa autorización....more

WTO Authorizes Mexico to Suspend Trade Benefits to U.S. in Tuna Dispute

by Holland & Knight LLP on

Mexico is one of the few countries that has been authorized to adopt retaliatory measures against noncompliance of its trading partners' obligations, and it has made use of this authorization....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

Federal Court Decision Provides Useful Guidance to Companies Offering Products and Services Pursuant to Online Terms of Use

On July 29, 2016, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued an opinion and order in Meyer v. Kalanick, denying Uber Technologies' motion to compel arbitration of a consumer's...more

Court Denies Uber Motion to Compel Arbitration of Class Antitrust Claims Because Mobile App’s Terms of Service Were Inconspicuous

by Pierce Atwood LLP on

Late last week, influential federal judge Jed Rakoff of the Southern District of New York denied a motion to compel arbitration of an antitrust class action complaint pending against ride-hailing pioneer Uber Technologies....more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

by DLA Piper on

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Tokyo Dispute Resolution and Crisis Management Newsletter - March 2016

by King & Spalding on

Global Cartel Enforcement Update - Guidance on Managing International Investigations - The U.S. Department of Justice’s Antitrust Division has continued to successfully prosecute corporations and individuals for...more

Mediation: New Obligations for France-based Traders

by McDermott Will & Emery on

Since entry into force on 1 January 2016 of the French provisions transposing the 2013 EU directive regulating mediation of consumer disputes (Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer...more

Legal and regulatory update

by Dentons on

Consumer Rights Act - The main provisions of the Consumer Rights Act relating to goods, digital content, services and unfair contract terms and notices came into force on 1 October 2015. ...more

The Consumer Rights Act - Enhancing the rights of competition law claimants and consumer law enforcers

by Dentons on

Ongoing reform - The Consumer Rights Act 2015 (the Act) is the keystone of the changing consumer protection landscape. Its scope signifies the growing weight that consumer protection law commands in the UK and the EU...more

FTC Continues To Ban Mandatory Arbitration in Magnuson-Moss Warranty Claims

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently announced its decision to retain a ban on mandatory arbitration provisions in warranty claims made under the Magnuson-Moss Warranty Act (MMWA). The FTC’s decision was announced in...more

Skating on thin ice: the independence of CAS is challenged

by DLA Piper on

Multiple World and Olympic champion German speed skater, Claudia Pechstein puts the Court of Arbitration for Sport to perhaps its greatest test to date. ...more

Trade & Manufacturing - News of Note - November 2014

by King & Spalding on

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

The Impact of Competition Law in the Mediation of Patent Disputes

by JAMS on

Patent disputes lend themselves well to alternative dispute resolution (ADR) methods, particularly mediation.1 Mediation provides a timely and cost-effective opportunity for parties to explore and adopt creative solutions for...more

FTC files amicus challenging arbitration provision

by Ballard Spahr LLP on

As industry and consumers await the results of the CFPB’s arbitration study, the FTC became the latest federal agency to weigh in on consumer arbitration issues. Recently, at the invitation of the Seventh Circuit, the FTC...more

International Arbitration News - Q3 2013

by DLA Piper on

US SUPREME COURT UPHOLDS FREEDOM OF CONTRACT PRINCIPLE IN ANTITRUST CLASS ARBITRATION - In the recent case of American Express co. et. al. v. Italian Colors Restaurant et al., the US Supreme Court addressed the validity...more

US Supreme Court upholds freedom of contract principle in antitrust class arbitration

by DLA Piper on

In the recent case of American Express co. et. al. v. Italian Colors Restaurant et al., the US Supreme Court addressed the validity of a contractual waiver to class arbitration where the cost of individually arbitrating a...more

U.S. Supreme Court alert: American Express Co. v. Italian Colors Restaurant

by Genova Burns LLC on

Prior to its summer recess, the U.S. Supreme Court issued another decision concerning class arbitration which has implications for unionized and non-unionized employers with agreements to arbitrate workplace disputes....more

Did You Know…U.S. Supreme Court Strengthens Class Action Waivers In AmEx Ruling

by Nossaman LLP on

In another employer-friendly decision, the U.S. Supreme Court reinforced its support for class action waivers, ruling in American Express Co. v. Italian Colors Restaurant that an explicit class action waiver in an arbitration...more

Supreme Court: Class Action Waiver Trumps Federal Statutory Right

Continuing its string of recent pro-arbitration decisions, the U.S. Supreme Court handed down a decision enforcing class action waivers in arbitration agreements, even where the plaintiff’s cost of proceeding on an individual...more

That's A Spicy Meatball!

by BakerHostetler on

As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. Ct. 1740...more

American Express Co. v. Italian Colors Restaurant: A class action waiver in an arbitration agreement will be strictly enforced...

The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA)...more

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was...more

Class Action Defense Cases – American Express v. Italian Colors: United States Supreme Court Reverses Second Circuit Refusal To...

Plaintiffs – a group of merchants who accept American Express cards – filed a putative class action against American Express alleging of the Sherman Act and seeking treble damages under the Clayton Act; the class action...more

Class Arbitration Contractual Waivers Are Valid And Enforceable Even When Plaintiff’s Recovery Is Outweighed By Individual...

by Pepper Hamilton LLP on

On June 20, 2013, the United States Supreme Court, in a 5-3 opinion in American Express Co. v. Italian Colors Restaurant, 2013 U.S. LEXIS 4700 (June 20, 2013), dealt yet another blow to antitrust plaintiffs’ ability to seek...more

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