General Business Alternative Dispute Resolution (ADR) Constitutional Law

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PTAB - Ford is not barred from challenging a patent on a hybrid vehicle based on the unproven assertion that it breached an...

In Ford Motor Company v. Paice LLC & The Abell Foundation, Inc., Ford filed a petition seeking inter partes review of U.S. Patent No. 8,214,097 relating to a hybrid vehicle having, among other things, both an internal...more

Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

March 2014: International Arbitration Update

Australia’s Highest Court Upholds Constitutionality of the Country’s International Arbitration Law. In TCL Air Conditioner (Zhongshan) Co. Ltd. v. The Judges of the Federal Court of Australia [2013] HCA 5, Australia’s High...more

Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a...more

The BVI Commercial Court – Interfacing with Arbitration

Key recent decisions in the BVI Commercial Court have shaped the applicability and enforcement of arbitration clauses and notably how they interface with BVI statutory remedies and liquidations. Harneys take a look at...more

3d Circuit Says Delaware Can’t Have Secret Arbitrations By Judges

The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware...more

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

Reed Smith Massachusetts Quarterly Update - 4th Quarter 2012

Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Massachusetts. Every three months we will be updating you on the key cases and administrative releases, as well as...more

Jams Dispute Resolution -- Winter 2012

In This Issue: IN DEPTH - ..How ADR Intersects with Multidistrict Litigation ADR CONVERSATIONS - ..Increased Diversity in ADR Essential to Keep Up with Evolving Global Marketplace ADR NEWS & CASE...more

Bernstein Shur Business and Commercial Litigation Newsletter #22

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more

Arbitration Process Reconfirmed in Landmark Indian Supreme Court Decision

On September 6, 2012, the Supreme Court of India delivered a landmark decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc. In a decision that is expected to be welcomed by the international arbitration...more

Delaware Arbitration Procedure Ruled Unconstitutional

On August 30, 2012, U.S. District Court Judge McLaughlin of the U.S. District Court for the Eastern District of Pennsylvania, sitting by designation for the U.S. District Court for the District of Delaware, ruled 10 Del. Code...more

Are Residential Real Estate Contracts Outside The Bounds of Interstate Commerce?

The Supreme Court of South Carolina just ruled that contracts for the sale of residential property are not interstate commerce, and therefore are outside the reach of the Federal Arbitration Act. Bradley v. Brentwood Homes,...more

Hong Kong Court of Appeal Overturns an Order of the Court of First Instance to Set Aside ICC Arbitration Award

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd overturning an order of the Court of First Instance to set aside an ICC arbitration award made in...more

Appellate Court Upholds Binding Mediation Agreement

The California Constitution (Art. I, § 16) guarantees an “inviolate” right to a “trial by jury”. In a civil case, the right to a jury may be waived by “the consent of the parties expressed as prescribed by statute”. Id. ...more

What is the dollar in the United States

A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more

English Supreme Court Champions Party Autonomy in Arbitration

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with...more

Striking Down Class-Action Waivers in Arbitration: Freedom of Contract vs. Fairness of Contract

Determining the enforceability of mandatory class-action waiver provisions in arbitration clauses is not merely an academic exercise for those sheltered within ivory tower walls. Indeed, a number of important legal and public...more

Consumer Contracts and Class Actions: U.S. Supreme Court to Decide Whether State Unconscionability Law Bars Mandatory Individual...

While class actions continue to grow in importance as a means of resolving consumer disputes with U.S. businesses that provide credit cards, consumer lending, wireless telephones and other services, such providers customarily...more

Homeowner Associations And Members Not Necessarily Bound By Arbitration Provisions In CC&RS Or In Related Purchase Agreement Where...

Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more

HARMONISATION OF INTERNATIONAL COMMERCIAL ARBITRATION

International Commercial Arbitration is the preferred method of dispute resolution between parties from different legal jurisdictions precisely because of its flexibility in the choice of law. Yet, that same flexibility...more

Overcoming Latin American Skepticism to International Arbitration

This brief analysis of Latin American constitutionalism evaluates how the use of international arbitration can be a more effective tool of contract compliance given the region's traditional skepticism of enforcement...more

Binding Arbitration Agreements in the Nursing Home Context

This article describes the possible methods of avoiding binding arbitration in nursing home litigation....more

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