Dispute Resolution

News & Analysis as of

Treating with the Enemy: Civil Collaborative Practice

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong....more

New 340B Dispute Resolution Process: Will It Level the Playing Field?

On August 12, HRSA published a formal proposed rule regarding a 340B Drug Pricing Program administrative dispute resolution (ADR) process. HRSA’s use of the administrative rulemaking process is a rare occasion given its...more

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

Health Update - August 2016

Section 1332 Waivers: Will We See More State Innovation? - Editor's Note: In a new essay for the National Institute of Health Care Management (NIHCM), summarized below, Manatt Health examines Section 1332 waivers and the...more

Building a future: addressing the Brexit challenge

"Brexit means Brexit" according to Theresa May. But although the Government has now indicated that it is committed to Brexit and achieving the best possible outcome for the UK, no-one knows what form this will take or how...more

HRSA Proposes Administrative Process to Resolve Disputes Between 340B Program Covered Entities and Drug Manufacturers

Taking a step toward completing a requirement imposed by the Affordable Care Act, the federal government has proposed regulations that would create an administrative dispute resolution (“ADR”) process to resolve disputes...more

HHS Proposes Administrative Dispute Resolution Process for 340B-Related Claims

On August 12, 2016, the US Department of Health and Human Services (HHS) Health Resources and Services Administration issued a notice of proposed rulemaking that establishes an administrative dispute resolution process for...more

The Validity of Arbitration Clauses in Concession Agreements

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

Making Arbitration Easier: AAA Launches ‘À La Carte’ Services

The American Arbitration Association recently launched a suite of “à la carte” services allowing parties to select only the services they need. The benefit to litigants is that they will not have to incur the costs of a...more

Looking Forward: A workman’s view of the construction business and the practice of construction law

A few weeks back my colleague, mentor and friend Greg Faulkner wrote a post here that looked back on his 25 years as a construction lawyer.  It was a very thoughtful piece and frankly I think it was one of the best legal blog...more

Artists, Entertainers and Mediation: Where the paths meet

I’m a lawyer and have been a full-time mediator for more than 20 years. Before I went to law school, I spent 10 years working as a professional dancer, seven as a member of the Alvin Ailey American Dance Theater. I didn’t...more

What’s in a Name?: Defining Arbitration Across the Circuits

What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,”...more

Judges Disclose How They Prep Complex Cases For Settlement

From employment-related class action suits and racial discrimination cases to movie studio executives in dispute with producers over a ?lm in the entertainment industry, mediation is becoming the preferred way to avoid costly...more

Brexit: Impact on English dispute resolution

English lawyers have grown accustomed to working within a harmonised EU legal system that includes cross-border overarching frameworks dealing with issues of jurisdiction and enforcement. Whilst EU law will continue to apply...more

The Dispute Resolution Mechanisms Under the Privacy Shield: What Happens if I Join Privacy Shield and an Employee Submits a...

The first installment in our month-long series dissecting the new “Privacy Shield” framework for transferring data from the EU to the United States discussed the history and implementation of the Privacy Shield. The second,...more

Potential Legal Implications Arising from "Brexit"

On June 23, 2016, the United Kingdom (UK) voted by way of an advisory referendum to leave the European Union. While the result will not take immediate legal effect, incoming Prime Minister Theresa May has indicated that...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 15:...

Why does this topic matter to organisations? Under the Directive, organisations are obliged to deal with a separate DPA for each Member State whose laws apply to them. This has meant that businesses faced a range of...more

Mediation is About Cutting a Business Deal

Mediation is popular with business people and their counsel because it is a low risk process with a remarkably high success rate. It is far less expensive than trial since it usually takes only a day or two and avoids costly...more

It’s Time. Pick up the Shield.

When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to...more

The Dispute Resolution Mechanisms Under the Privacy Shield: What Happens if I Join Privacy Shield and Someone Submits a Complaint?...

The first installment in our month-long series dissecting the new “Privacy Shield” framework for transferring data from the EU to the United States discussed the history and implementation of the Privacy Shield. The second,...more

Solving the High Cost of Litigation, Valorem Style

Litigation costs too much. Why? Because it is overburdened with process and tolerated but unnecessary excess.  And who benefits from the focus on process and needless discovery and motion practice? Lawyers.  Who designs the...more

Investment Treaty Arbitration: How Multinational Food and Beverage Companies Can Avoid Litigation in Foreign Courts

Imagine a U.S.-based olive oil company that has established a subsidiary in Croatia — a Mediterranean country ideal for growing olives and processing their oil — for its supply and processing needs. Olive oil consumption has...more

Brexit: What You Need To Know - Litigation

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

Real Estate News in Metro DC

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

SIAC Announces New Arbitration Rules 2016

The Singapore International Arbitration Centre continues to innovate with new features in its updated arbitration rules. On 30 June, the Singapore International Arbitration Centre (SIAC) announced the release of the...more

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