Dispute Resolution

News & Analysis as of

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

Mediation: New Obligations for France-based Traders

Since entry into force on 1 January 2016 of the French provisions transposing the 2013 EU directive regulating mediation of consumer disputes (Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer...more

Japan: Decision-Making & Maintaining Harmony

Japan’s surprise move to cut interest rates below zero last month brought its continuing economic challenges back into the global limelight. The country remains an economic and industrial powerhouse -- currently ranked the...more

Financial Services Weekly News - February 2015 #2

Regulatory Developments - CFPB Announces Steps to Improve Checking Account Access - On Feb. 3, the CFPB announced that it was taking three steps to expand checking account access to the approximately 10 million...more

Fannie And Freddie – Newly Implemented Independent Dispute Resolution

On February 2, 2016, Freddie Mac and Fannie Mae took another step towards helping sellers of loans manage risk more effectively, and in turn, strengthen the home lending system. Through concurrently released...more

FHFA, Fannie Mae and Freddie Mac Announce Independent Dispute Resolution Program

On February 2, the Federal Housing Finance Agency (the “FHFA”) announced that Fannie Mae and Freddie Mac have implemented an independent dispute resolution process for resolving repurchase disputes. The process would allow...more

Saudi Arabia Update - January 2016

Legal Developments - Labor Law – weekends are not part of annual leave - The Saudi Arabian Labor Law provides that employees shall be entitled to 21 days of paid leave annually, to be increased to 25 days upon...more

New York State Requires PBM Contracts to Include a Mechanism for Appealing Disputes Related to Generic Drug Pricing

On December 11, 2015, Senate Bill 3346-B[1] was signed into law by New York State Governor Andrew Cuomo. The new bill requires contracts between pharmacy benefit managers (“PBMs”) and pharmacies (or pharmacies’ contracting...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2016

Middle Eastern Disputes: Top 10 Tips for In-House Counsel - The lowdown on what every in-house counsel should bear in mind with regard to arbitration proceedings in the UAE. We set out our list of the top 10...more

Guide To Doing Business in Australia and New Zealand (Mandarin version)

This publication has been prepared to provide an overview to foreign investors and business people who have an interest in doing business in Australia and New Zealand. The material in this publication is intended to provide...more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

Intellectual Property and Technology News: Selling Online into the EU? New Obligation to Link to Dispute Resolution Platform

A European Online Dispute Resolution (ODR) Platform has been put in place by the European Commission from 9 January 2016. The Platform is intended to be used by online shops and consumers for settling their disputes....more

Net Working Capital Adjustments in M&A Deals: The Buyer’s Perspective

Working capital is an important measure of a company’s liquidity. Without sufficient working capital, a business will not be able to pay suppliers, employees, landlords and other providers whose goods and services are...more

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