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Third-Party Arbitration

WilmerHale

Take Your Marks, Get Set...Arbitrate? Resolving Disputes at the Paris Olympic Games

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As the Olympic torch rapidly approaches Paris, multiple stakeholders prepare for two weeks of intense competition. Individual athletes and nations seek glory on the playing field; financially interested third...more

Lewitt Hackman

Franchisee 101: Frozen Out of Court

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A Florida district court granted a motion to stay court proceedings pending arbitration between a franchisor and a third-party, non-signatory to a franchise agreement, containing an arbitration clause....more

Paul Hastings LLP

Paul Hastings Hosts Panel on Litigation Trends and Risk Management

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On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more

McGlinchey Stafford

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

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Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

Reveal

Legal Dispute: How to choose the right method of dispute resolution

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Civil legal disputes as the Western world knows them date back to ancient Rome, yet society never seems to tire of them. Nearly 11.5 million new civil cases were filed in U.S. state and federal courts in 2021 alone....more

Carlton Fields

Eleventh Circuit Declines to Compel Arbitration in Suit Against Rental Car Company Under Arbitration Clause in Orbitz’s Terms of...

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The Eleventh Circuit recently declined a rental car company’s attempt to invoke an arbitration clause in Orbitz.com’s terms of use in a lawsuit brought by a disgruntled customer who booked his rental car through Orbitz...more

King & Spalding

Limitations on Arbitrator Authority to Issue Pre-Hearing, Non-Party Discovery in the Wake of Aixtron

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Third party discovery may be helpful to providers in arbitrations. For example, if a provider is in a dispute with a health plan, if there are questions as to whether the health plan or the medical group has financial...more

WilmerHale

Singapore High Court Requires Third Party’s Express Written Consent to be Joined to Arbitration Under LCIA Rules 2014

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On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD v CJE [2021] SGHC 61 (available here).  A forced joinder refers to a third party consenting to be joined as a...more

Carlton Fields

Alabama District Court Grants Hospital’s Motion to Compel Arbitration in Dispute Against Third-Party Beneficiary to Medical...

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In 2015, the plaintiff was in a car accident that required emergency room medical treatment at Andalusia Regional Hospital. The plaintiff had health insurance at the time through United HealthCare, which maintained a contract...more

White and Williams LLP

Strike and Rank – An Alternative to the Strike and Flip Umpire Selection Process

Umpire selection is one of the most important aspects of a reinsurance (or any other) arbitration because it can have a significant impact on the outcome of your case. Traditionally, parties have utilized the “strike and...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 2

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Black Knight Servicing Technologies, LLC v. PennyMac Loan Services, LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021). The filing of a separate lawsuit raising separate claims against a separate entity does not establish an...more

World Law Group

Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures

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WLG's HR Law, IP/IT, and Litigation, and Dispute Resolution groups discussed what companies can do to protect their Trade Secrets when it comes to lawsuits or alternative dispute settlement procedures (including those induced...more

World Law Group

[Webinar] Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures - October 27th, 9:30 am ET

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Join WLG's HR Law, IP/IT, and Litigation, and Dispute Resolution groups as they discuss what companies can do to protect their Trade Secrets when it comes to lawsuits or alternative dispute settlement procedures (including...more

Moritt Hock & Hamroff LLP

Facing Backlog Using Dispute Resolution Post COVID-19

On March 17, 2020, in response to COVID-19, Chief Judge Janet DiFiore closed all New York State Courts for nonessential services, which effectively shut down the majority of cases pending before the courts and prevented the...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Judicial Review of FINRA's Refusal to Compel Arbitration

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Bass, Berry & Sims attorney Chris Lazarini discussed a court’s authority to compel arbitration where FINRA has declined to accept a case. In this case, following the Director of FINRA’s Office of Dispute Resolution...more

Farrell Fritz, P.C.

Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause

Farrell Fritz, P.C. on

“Read before you sign”, is what we counsel our clients, since we all know that courts will bind one contractually to a signed agreement even if not read. But, what if you never signed the agreement? Can you still be bound by...more

Bradley Arant Boult Cummings LLP

Lawyer’s Advocacy in Arbitrations: No. 4 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make

This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator....more

Orrick, Herrington & Sutcliffe LLP

Two Recent Decisions Highlight Federal Courts' Disagreement on Availability of Third-Party Discovery In International Arbitration...

You’re in an international arbitration and you believe a third party in the United States could provide important testimony or documents. What do you do? ...more

Littler

If You Want the Benefits of an Arbitration Agreement, Say So

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Companies that utilize third-party staffing vendors should take stock of the Fifth Circuit’s decision in Hiser v. NZone Guidance, L.L.C.1 The March 24, 2020 opinion, applying Texas law, reinforces that both contract language,...more

Carlton Fields

Court Declines to Compel Arbitration Based on Third-Party Agreement

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The U.S. District Court for the Southern District of Florida recently refused to compel arbitration in a putative class action based on an arbitration clause a plaintiff agreed to on a third party’s website he used to book a...more

Carlton Fields

District Court Enforces Mandatory Arbitration Clause, Despite State Law Prohibiting Such Provisions in Insurance Contracts

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Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...more

Carlton Fields

Federal Court Dismisses Policyholder’s Third-Party Action Against Reinsurers

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A Puerto Rico district court dismissed a third-party action by defendant-policyholder Puma Energy Caribe LLC against the reinsurers of an insurance policy issued by plaintiff Integrand Assurance Co. Puma claimed that the...more

Winstead PC

Cautionary Note for Private Company Owners: Third Party Investors Can Create Thorny Problems

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Like fish need water in which to swim, private company owners need to secure capital on an almost continuous basis. Capital is necessary to develop the company’s products and services, to retain top talent and to market and...more

Carlton Fields

New York Appellate Division Declines to Enjoin Baltimore Orioles’ Arbitration Against Washington Nationals

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Two professional baseball teams — the Washington Nationals and the Baltimore Orioles — were parties to a partnership agreement granting exclusive broadcast rights to their baseball games to a third entity. The agreement had a...more

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

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Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

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