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Arbitration Arbitration Awards Mediation

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

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Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

Hogan Lovells

Is Arbitration Finance right for you?

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Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal...more

JAMS

Recovering Attorney Fees in Arbitration

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An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

Bradley Arant Boult Cummings LLP

Read Your Contract: It May Cost You Your Arbitration Award

Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v....more

JAMS

[PODCAST] JAMS Introduces Key Changes to International Arbitration Rules

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A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19...more

A&O Shearman

Vienna International Arbitral Centre launches new investment arbitration and mediation rules

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With effect from 1 July 2021, the Vienna International Arbitral Centre (the VIAC) has new specialised VIAC Rules of Investment Arbitration (Vienna Investment Arbitration Rules) and the VIAC Rules of Investment Mediation. The...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Dechert LLP

'Tis the Season to Mediate or Arbitrate?

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Background Mediation is a process by which parties attempt to resolve a dispute amicably with the assistance of a third party (ie the mediator) who has no authority to impose a solution on the parties.  For the process to be...more

K&L Gates LLP

Litigation Minute: Thinking Ahead to Avoid Headaches Later: Contractual Dispute Resolution Provisions

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Including a contractual dispute resolution provision in an agreement may reduce costs, expedite resolution, and potentially lead to a more favorable outcome. But a poorly crafted...more

Orrick, Herrington & Sutcliffe LLP

The Launch of the 2021 ICC Rules of Arbitration

On 1 January 2021, nine years after the last major overhaul of the ICC Rules of Arbitration and less than four years after a very limited revision of these Rules in 2017,2 a new version of the ICC Rules of Arbitration will...more

Seyfarth Shaw LLP

Court of Appeal Holds Statutory Rights Supersede Arbitration Award

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Seyfarth Synopsis: California Business and Professions Code section 16600 expresses California’s strong public policy of protecting the right of citizens to pursue any lawful employment. ...more

Hogan Lovells

What you need to know about the revised ICC Rules

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Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The...more

Mintz - Arbitration, Mediation, ADR...

New Convention Aims to Make Mediated Settlements an Attractive Means of Resolution of International Disputes . . . But Will It?

The United States joined 45 other countries on August 7, 2019 as the initial signatories of the UN Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”). Other notable...more

JAMS

Inside ADR: July 2018

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Arbitrator’s Failure To Disclose Previous Mediation With Party Did Not Result In Evident Partiality Or Misbehavior - Ploetz v. Morgan Stanley 2018 WL 3213877 United States Court of Appeals, Eighth Circuit Ploetz sued...more

Tucker Arensberg, P.C.

Alternative Dispute Resolution (“ADR”) – Is It Right For You?

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Parties to a legal dispute often bemoan the costs. The expense of hiring a lawyer, the business disruption caused by management’s focus on the legal problem at hand, the time away from work spent by employees who have to...more

Zelle  LLP

A Primer on Insurance Dispute Resolution in China

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We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance...more

Carlton Fields

Fifth Circuit Weighs In On Arbitrability Of Issues That Could Have Been Decided By The Court

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In the recent unpublished opinion, the United States Court of Appeals for the Fifth Circuit confirmed that if an issue is voluntarily submitted to an arbitrator, then the arbitrator can decide the issue, even if it is one...more

Carlton Fields

Chinese Arbitration Award Affirmed In Mineral Company Dispute

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The court ruled that ACC Resources is bound by an arbitral award issued by the China International Economic & Trade Arbitration Commission (“CIETAC”). The award required the mineral company to pay its supplier, Calbex Mineral...more

Carlton Fields

Court Dismisses Challenge Of FINRA Arbitration Award For Lack Of Jurisdiction

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In a case involving a FINRA arbitration between investors and their financial advisor, Judge Anita S. Brody of the United States District Court for the Eastern District of Pennsylvania found that she did not have the...more

JAMS

Do We Need a New York Convention for Mediation/Conciliation?

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The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United...more

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