Commercial Law & Contracts, Constitutional Law, Alternative Dispute Resolution (ADR)

International Arbitration in Australia is Safe: The High Court of Australia Confirms the Validity of the International Arbitration...

by Mark Chapple, Leigh Duthie, Erika Hansen, Mia Livingstone, Alexander Wolff | Baker & McKenzie Australia on 3/14/2013

Today the High Court of Australia dismissed a challenge to the constitutional validity of the International Arbitration Act 1974 (Cth) (Act) and declared the Act valid: TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of...more

NLRB Decisions To Fall Like Dominos?

by Adam Santucci | McNees Wallace & Nurick LLC on 2/12/2013

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

by Michael Jacobs, Robert Weyman | Reed Smith on 1/21/2013

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

by JAMS, The Resolution Experts on 12/13/2012

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

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

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

by Sands Anderson PC on 11/28/2012

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

by Kronick, Moskovitz, Tiedemann & Girard on 10/9/2012

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

by Miller Canfield on 9/26/2012

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

by Foley & Lardner LLP on 9/5/2012

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?

by Leonard, Street and Deinard - Arbitration... on 7/25/2012

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

by White & Case LLP on 6/5/2012

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

by Allen Matkins Leck Gamble Mallory & Natsis... on 5/31/2012

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

by Dan Goodman on 9/30/2011

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

by Reed Smith on 8/10/2011

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

by Michael Diaz Jr. - Diaz Reus International... on 6/21/2011

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...

by Duane Morris LLP on 4/25/2011

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...

by Sheppard Mullin Richter & Hampton LLP on 8/10/2010

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

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Commercial Law & Contracts › Constitutional Law › Alternative Dispute Resolution (ADR)