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Arbitration Litigation Fees & Costs

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 -
Farrell Fritz, P.C.

“Prevailing Party” Attorneys’ Fee Provisions

Farrell Fritz, P.C. on

Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more

Ervin Cohen & Jessup LLP

California Court of Appeals Reinforces Strict Limits on Arbitration Fee Payment Deadline

The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more

A&O Shearman

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

A&O Shearman on

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Financing Mini-Series: Bringing Claim Funding to a Successful Conclusion (Part...

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In this further episode in our mini-series on third party claim funding, Ian Meredith (Partner in the International Arbitration Practice of K&L Gates in London) speaks with Andrew Roberts (Head of Construction & Energy,...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Financing Mini-Series: Bringing Claim Funding to a Successful Conclusion (Part...

K&L Gates LLP on

In this further episode in our mini-series on third party claim funding, Ian Meredith (Partner in the International Arbitration Practice of K&L Gates in London) speaks with Andrew Roberts (Head of Construction & Energy,...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Funding Mini-Series: Key Issues In Third Party Funding – Part Two

K&L Gates LLP on

In this second episode in a mini-series on claim funding, Ian Meredith speaks with John Garda (Managing Director of Longford Capital LLC) regarding a number of the key issues related to third party funding of claims, from a...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Funding Mini-Series: Relevant Considerations When Applying for Funding – Part...

K&L Gates LLP on

In this first episode in a mini-series on third party claim funding, Ian Meredith speaks with Tim Mayer (Senior Investment Officer, Therium Capital Management Ltd) regarding the process of applying for funding of claims,...more

Miles Mediation & Arbitration

Consider Arbitration When Mapping Out Your Resolution

There are alternatives to taking a case to trial other than mediation. Arbitration is the process of settling a dispute through a presentation to a neutral third party or panel. The decision can be either binding or...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (VII): Who shall bear the arbitration costs?

Dorsey & Whitney LLP on

Our previous article raised the issue that costs of commercial arbitration are pretty high in Hong Kong. Then who should bear the costs at the end of the arbitration?...more

Dorsey & Whitney LLP

International Arbitration by PRC Companies (Series 3): Is it costly to arbitrate in Hong Kong?

Dorsey & Whitney LLP on

In this part of our ongoing series, we will examine the costs of arbitration in Hong Kong and if it is expensive as thought. Arbitration costs mainly comprise of two parts: solicitors’ fees and the costs attributable to...more

NAM (National Arbitration and Mediation)

A Proposal For Private Judging In New York

The COVID-19 pandemic has thrust a dagger into the heart of our state court system. The Office of Court Administration is to be lauded, however, for its efforts to ensure that appropriate technology has been utilized to...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Mediation, Arbitration, or Litigation: What Works Best for You? - September 15th, 12:00 pm - 1:00 pm ET

The last thing a party wants is a construction claim rising to the level of needing a mediator, judge, or arbitrator to find a resolution. The cost of the claims process can be detrimental to a company, not only in the...more

NAM (National Arbitration and Mediation)

CCBJ Interview: As Alternative Dispute Resolution Grows In Popularity, Experience Is A Key Differentiator

Interview with Honorable John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation) as published in the Corporate Counsel Business Journal (CCBJ) - John DiBlasi is a highly sought-after mediator and...more

JAMS

Why Now Is a Good Time to Engage in Mediation or Other Streamlined Dispute Resolution

JAMS on

As a recently retired federal judge who served for more than two decades on the U.S. District Court for the Northern District of California, I know firsthand how daunting managing a caseload can be even in normal times. Now,...more

JAMS

The Time to Settle is Now

JAMS on

The coronavirus pandemic has created uncertainty in almost every sector of society. A massive shift in reality has taken place, and the world is trying to acclimate. In this environment, it is tempting to postpone cases until...more

NAM (National Arbitration and Mediation)

Stop The World (Please!) I Want To Get Off!

“Stop the World: I Want to Get Off” was a musical with Anthony Newley. It originally opened in London in 1961 and made it to Broadway in 1962. It was followed by a film in 1966 and a revival in 1978.  In the play,...more

Carlton Fields

Texas Magistrate Denies Motion for Attorneys’ Fees Incurred in Seeking Confirmation of Arbitration Award

Carlton Fields on

The plaintiff successfully confirmed an arbitration award concerning certain franchise agreements and then sought attorneys’ fees and costs incurred in connection with its confirmation action based on the attorneys’ fees...more

Latham & Watkins LLP

English High Court Confirms Costs Award Part and Parcel of Substantive Award

Latham & Watkins LLP on

The Court’s ruling supports the general principle that costs follow the event. In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

K&L Gates LLP

Working Wise: Tips and Common Mistakes to Avoid for Employers in California

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In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California....more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Documents in Arbitration – Part II

In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word “litigation” means...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Latham & Watkins LLP

Can’t Pay, Won’t Pay - Hong Kong Introduces Third-Party Funding of Arbitration

Latham & Watkins LLP on

New provisions allowing third-party funding of arbitration come into force on 1 February 2019. Key Points: ..The key provisions of the Arbitration and Mediation Legislation (Third-Party Funding) (Amendment) Ordinance...more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Agreements in Arbitration – Part I

The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms, but that benefit may come with some unique issues for the uninitiated. However,...more

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