Dispute Resolution

News & Analysis as of

ADR/ODR Regs and 261 Claims – Airline Compliance

The Civil Aviation Authority (CAA) is policing compliance by airlines with new laws designed to encourage the use of alternative dispute resolution (ADR) and online dispute resolution (ODR). The CAA has threatened to carry...more

Contract negotiations: good drafting matters

In our dispute resolution work, we see many examples of disputes arising because contract terms were unclear or not tailored to the specific project. There have been a number of decisions recently that provide clear examples...more

Singapore Ratifies the Hague Convention on Choice of Court Agreements

Ratification will take effect on 1 October 2016. On 2 June, Singapore ratified the Hague Convention on Choice of Court Agreements (the Convention). The Convention will take effect under domestic legislation through...more

In Minnesota, the Clock’s Not Ticking During Dispute Resolution

A claim of an unfair discriminatory practice under the Minnesota Human Rights Act must be brought as a civil action or as a charge filed with a local commission or the Minnesota Department of Human Rights within one year...more

Sixth Circuit Rejects Class Action Settlement With Key Documents Under Seal

All’s not fair in secretive class-action settlements. If class actions are the exception, then class-action settlements are a reflection of that exception. Specifically, the secrecy that might otherwise accompany...more

Part Two: Ten Tips to a Successful Mediation: From the Mediator's Perspective

In part one of my article, I discussed five tips you should follow prior to the mediation conference to best achieve a successful result. I will now discuss five more tips you should use at the mediation conference which will...more

Potential Impact of ‘Brexit’ on Arbitration

As we stand only weeks away from the United Kingdom’s referendum on a potential cleaving from the European Union, economists and politicians are busy analyzing the potential effects of either decision; there are also...more

Part One: Ten Tips to a Successful Mediation: From the Mediator’s Perspective

In the last 20 years, in addition to my litigation practice, I have mediated over 2,000 employment cases. Having mediated this many cases, it is no surprise I have seen the good, the bad and the ugly in mediations. The...more

Wide Interpretation Of Release Clause In Settlement Agreement

A settlement agreement relating to a dispute over legal fees of GBP 130,000 also covered a subsequent GBP 70 million claim for breach of contract and negligence. The existence of a potential claim for breach of contract and...more

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you...

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you discover that you have a potential legal claim against a third party. When this happens, what are the most...more

Resolving construction disputes

Claims are made virtually daily on construction projects in Canada, and most are resolved in a timely way. But when a dispute remains unresolved, the consequences can be disastrous, whether it results in a termination, a...more

Real News - Spring 2016

Earlier this year, David Cameron fired the starting gun on whether Britain should continue its membership of the EU. As we all know, the potential effect of a Brexit is a topic which has divided the opinions not only of our...more

After New York, Florida Curbs Surprise Bills for Emergency and Out-of-Network Services

It is generally understood that if a managed care member utilizes the services of a non-participating provider, the member could incur significant out of pocket expenses. However, there are instances where a member may...more

Adducing a new fact in an arbitration - A case study of AYH v AYI and another [2015] SGHC 300

An oft-contested issue is whether a new fact which arises after the submission of the dispute to arbitration is ancillary to the dispute submitted, or constitutes a new facet which has not been previously submitted. Following...more

(Really) Early Dispute Resolution

Georgia Pacific estimates that it saved over $30 million from the first ten years of its early dispute resolution (“EDR”) program. GE estimated that its EDR program cut its litigation costs almost in half. EDR is something...more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2016

Energy Charter Treaty Arbitration - Claims Against Spain and Italy as a Result of Alterations to their Renewable Energy Legislation - In recent years, there have been a raft of Energy Charter Treaty (“ECT”)...more

The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar. ...more

Tokyo Dispute Resolution and Crisis Management Newsletter - March 2016

Global Cartel Enforcement Update - Guidance on Managing International Investigations - The U.S. Department of Justice’s Antitrust Division has continued to successfully prosecute corporations and individuals for...more

And in this corner: Judicial referees as alternatives to juries in California

More than 10 years ago, California’s highest court held that pre-dispute contractual jury waivers were not enforceable. However, the Court directed contract parties to two safe havens from juries: arbitration and judicial...more

The EU succeeds in establishing a permanent investment court in its trade treaties with Canada and Vietnam

The European Commission has recently successfully negotiated a new trade pact with Canada (referred to as the Comprehensive Economic and Trade Agreement or ‘CETA’) and one with Vietnam (the ‘EU-Vietnam FTA’) which...more

Early Mediation of Insurance Coverage Disputes

Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer...more

No consensus on Privacy Shield following debate on adequacy

The EU-US Privacy Shield remains a hotly debated issue. At a meeting at the European Parliament last week, it became evident that significant areas of disagreement remain between the European Commission, the European...more

?Margin Requirements for Non-Centrally Cleared Derivatives Issued in Canada

The Office of the Superintendent of Financial Institutions (OSFI), Canada’s federal regulator of financial institutions, recently issued Guideline E-22 – Margin Requirements for Non-Centrally Cleared Derivatives? (Guideline)....more

Beware the midnight clause: Hold the champagne?

Is it time to celebrate? - It’s midnight. The champagne is on ice. It was a tough negotiation but your attorney got all the key terms you wanted. With a few finishing touches on the contract, the deal will be done...more

European Commission Releases Details of New EU-US Privacy Shield

The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data transfers. On February 29, the EU Commission...more

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