News & Analysis as of

Dispute Resolution

The Evolution of ADR Services for Inbound and Outbound Investment: The Chinese Perspective

by JAMS on

JAMS was extremely proud to host Chinese Supreme Court Justice Hu Shihao and Shanghai People’s High Court Justice Yin Yonglei, along with four senior members of the Shanghai JAMS affiliate, the Shanghai Commercial Mediation...more

Discovery Referees in Complex Litigation

by JAMS on

It’s no secret that over the past several years the California judiciary has suffered deep budget cuts, especially to the state’s civil courts. According to California’s Judicial Council, there are 189 fewer judges than...more

September 2017: An Update on UK Tax Disputes Including the New UK Corporate Criminal Offense: What Is It and What Should You Do...

Across the world, tax authorities are becoming more aggressive and have sharpened their focus on corporates and multinationals. As a result, tax audits, investigations and disputes have increased significantly, both at the...more

When to Mediate and Why

by Foley & Lardner LLP on

If a company or person becomes involved in litigation, the parties eventually will either agree to, or be ordered to, participate in mediation. Mediation deserves deliberate and thorough consideration to make the most of an...more

OECD releases reviews on BEPS Action 14

by DLA Piper on

The OECD has released analyses of individual country efforts to improve dispute resolution mechanisms. Belgium, Canada, the Netherlands, Switzerland, the United Kingdom and the United States are the subject of this first...more

And So It Goes! (October 2017)

by JAMS on

In September I had work in Cleveland, Ohio. I had not been there in a number of years and I was astonished at the positive developments the city has made. It is filled with open spaces, little traffic congestion and winning...more

Reflections on Employment Mediation

by JAMS on

When to Mediate - Early mediation is not a panacea. Some cases require discovery before they are ready for mediation. A major reason why early mediations fail is that the parties have had little chance to discover key...more

The Pre-Action Protocol for Debt Claims

by Dentons on

The Pre-Action Protocol for Debt Claims comes into force on 1 October 2017. This note deals with the key elements to be aware of. Applicability - While the Protocol is named the Pre-Action Protocol for Debt Claims the...more

Africa Focus: Arbitration in Africa - Managing risk in a growing market

by White & Case LLP on

Today, many areas of the African economy are still growing despite challenges due to sharp reductions in the price of oil and other natural resources. Besides the industries related to the continent's natural resources,...more

Tokyo Dispute Resolution and Crisis Management Newsletter - September 2017

by King & Spalding on

Construction Disputes Update: Risk Allocation and the Availability of NonContractual Claims - The fact pattern is all too common in complex commercial construction cases. Following extensive negotiations, an owner and a...more

K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care...

by K&L Gates LLP on

This episode discusses CMS’ policy shift regarding binding pre-arbitration dispute clauses in long-term care resident agreements over the course of the past year. CMS’ current proposal reverses the ban on binding pre-dispute...more

Courts, Cooperation, and More: Incorporating Case-Specific Provisions in Insolvency Protocols - September 2017

by Jones Day on

In cross-border restructuring cases, interested parties increasingly rely on court-approved insolvency protocols to aid in managing complex insolvencies involving debtors' assets, liabilities, or operations that span...more

Look! Up in the Sky! It’s Sibling Lawyer!

by Downey Brand LLP on

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

Resolving Cross-Border Disputes Post-Brexit: UK Position Paper

by Dechert LLP on

Businesses and consumers need certainty over the laws that underpin trading across the borders of the EU and the millions of contracts they make each day which currently benefit from the legal certainty membership of the EU...more

AFRICA - A Legal Guide for Business Investment and Expansion: Zimbabwe

1 .What role does the government of Zimbabwe play in approving and regulating foreign direct investment? The Government established the Zimbabwe Investment Authority (ZIA) to promote, coordinate and approve investment...more

Regulatory reports, reviews and initiatives

by Dentons on

The below provides a very brief and incomplete summary of government and regulatory initiatives with potential impact for the credit industry as at the date of this report....more

AFRICA - A Legal Guide for Business Investment and Expansion: Tunisia

1. What role does the government of Tunisia play in approving and regulating foreign direct investment? The Tunisian government places a priority on attracting foreign direct investment. The Tunisian government...more

AFRICA - A Legal Guide for Business Investment and Expansion: Tanzania

1 .What role does the government of the United Republic of Tanzania play in approving and regulating foreign direct investment? The government plays an active role in approving and regulating foreign direct investment....more

UDRP Proceedings: Solving Domain Name Disputes

by Revision Legal on

If a dispute arises over use and/or registration of an internet domain name, resolution of the dispute is accomplished through proceedings under the Uniform Domain Name Dispute Resolution Policy, known as UDRP proceedings,...more

Overhaul of Illinois LLC Act Provides Modernization, Increased Flexibility

by Holland & Knight LLP on

Significant changes have been made to the Illinois Limited Liability Company Act (the Act) that will impact both existing and new LLCs. These changes, which took effect on July 1, 2017, were designed in part to bring the Act...more

Mediation 101: A Primer

by JAMS on

The growth in the use of mediation to settle a wide variety of disputes means more and more parties – and their lawyers – are considering this alternative to litigation. As mediation grows in popularity, it might be...more

MEDIATION: Where the Confidentiality Ends

by Nexsen Pruet, PLLC on

There is little room for argument; the information and documents exchanged during mediation are confidential. Rule 8 of the South Carolina Alternative Dispute Resolution Rules provides, in part...more

USTR Issues NAFTA Renegotiation Objectives

by King & Spalding on

On July 17, 2017, U.S. Trade Representative (USTR) Robert Lighthizer released the Trump Administration’s objectives for the renegotiation of the North American Free Trade Agreement (NAFTA). An overarching objective for the...more

What to Expect From NAFTA Renegotiations

On July 17, 2017, the office of the U.S. Trade Representative (USTR) released a report on U.S. goals to modify the current North American Free Trade Agreement (NAFTA). The report provides insight into the issues that will be...more

Round-up of litigation, adjudication and ADR procedure news for in-house lawyers and experts

by Dentons on

Our latest whistle-stop tour through recent news and decisions on litigation and alternative dispute resolution procedures....more

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