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Alternative Dispute Resolution (ADR) Updates

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

The 2018 Update to the CPR's Non-Administered Arbitration Rules: A Reflection of Current Trends in Arbitration

by Pepper Hamilton LLP on

On March 5, 2018, the International Institute for Conflict Prevention & Resolution (CPR) unveiled its revised Non-Administered Arbitration Rules (the CPR Non-Administered Rules). The 2018 revisions mark the first update to...more

Update: New York State Passes Budget, Creates New Sexual Harassment Obligations For Employers

On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the...more

Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law

by Carlton Fields on

The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims....more

No Bill of Sale, No Problem: Compelling Arbitration of FDCPA Claims

by Balch & Bingham LLP on

Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital...more

New ADR Process in Defense Contractor Reprisal Cases

by Holland & Knight LLP on

• In September 2017, the Office of the Inspector General for the U.S. Department of Defense (DoD) began offering voluntary alternative dispute resolution (ADR) in complaints filed by contractors, subcontractors, grantees,...more

Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not...

Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves...more

Energy Newsletter - April 2018

by King & Spalding on

FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more

Taking Control of ESI In Arbitration

When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”. One reason for that saying, of course,...more

Hong Kong Courts confirm that winding up petitions will generally be dismissed where a disputed debt is subject to an arbitration...

by Allen & Overy LLP on

On 2 March 2018, the Court of First Instance (CFI) published reasons for its decision in Lasmos Limited v Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426. Harris J held that where a disputed debt is alleged to have...more

South Carolina’s Support of Arbitration Continues to Grow

by Nexsen Pruet, PLLC on

Previously, in order to have an enforceable arbitration agreement in South Carolina, the arbitration language had to appear on the pages of the contract in bold, UPPER CASE and underlined print. Now, arbitration agreements...more

Singapore Mediation Highlight: Employment, Telecommunications and Media

by Morgan Lewis on

Singapore has embraced mediation as an alternative dispute resolution method, including recent amendments to law and proposed process enhancements for the mediation of employment claims and telecommunications and media...more

Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action

by Carlton Fields on

This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant to an arbitration clause in the parties’...more

California Appellate Court Rejects Legislative Attempt To Circumvent Federal Arbitration Act On Claims Involving The Ralph Act And...

by Jackson Lewis P.C. on

In Saheli v. White Memorial Medical Center (B283217, Cal. Ct. App., March 14, 2018), the Court of Appeal for the Second Appellate District addressed for the first time whether restrictions on arbitration agreements contained...more

Continuing a Trend, Mississippi Supreme Court Refuses to Enforce Broadly Worded Arbitration Clause

by Balch & Bingham LLP on

Dollar General reported its employee Rebecca Keyes to the police for embezzlement, causing her to be arrested. Keyes later sued Dollar General under a number of legal theories, including malicious prosecution, false...more

Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration

The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to arbitration....more

Court Applies The “Intertwined-Ness Test” To Find That A Non-Signatory Could Invoke Equitable Estoppel To Compel Arbitration

by Carlton Fields on

The court applied a two-part “intertwined-ness test” to determine whether an arbitration agreement allowed a non-signatory to invoke equitable estoppel to compel arbitration....more

Spring State Court Smorgasbord: Three Decisions Hostile To Arbitration

The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going to divide them roughly into those that are pro arbitration, and those that are hostile to...more

NY State of Mind: New State and City Laws (Part 4)

by Reed Smith on

This is the fourth in a series of blog posts concerning recent employment law developments in New York State and City: Legislation Update: New York State Legislature Passes Sweeping Anti-Sexual Harassment Legislation...more

European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into...

by King & Spalding on

In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

Court of Final Appeal extends time for First Media to challenge enforcement orders and judgment

by Hogan Lovells on

In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more

Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

by Payne & Fears on

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

Arizona Launches Innovative FASTAR Dispute Resolution Program

by Wilson Elser on

On November 1, 2017, Arizona’s Pima County Superior Court launched a three-year pilot program known as the Fast Trial and Alternative Resolution Program (FASTAR), which significantly impacts the court’s compulsory arbitration...more

Worker’s Failure To Opt Out Of Arbitration Not Proof Of ‘Actual Notice,’ Federal Judge Finds

by Fox Rothschild LLP on

Businesses seeking to enforce an arbitration agreement against an employee must show that the employee had actual notice of the agreement, and the employee’s failure to opt out is not enough, a federal judge in New Jersey has...more

ADGM and Abu Dhabi courts – a memorandum of understanding

by Dentons on

On 4 April 2018, the Abu Dhabi Global Market Courts (ADGM Courts) announced in a press release that it had entered into a memorandum of understanding (MoU) with the Abu Dhabi Judicial Department. The MoU was signed on 11...more

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