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Alternative Dispute Resolution (ADR) General Business

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

European Court of Justice Rules on Intra-EU Bilateral Investment Treaty

by Latham & Watkins LLP on

CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

Managing Warranty, Regulatory, and Commercial Litigation Risks

by Foley & Lardner LLP on

Elevated warranty expenses for Original Equipment Manufacturers (OEMs) are expected to continue in 2018, and automotive suppliers can expect to continue paying a greater per-vehicle share of these expenses. Because OEM...more

Arbitration In the Eye of the Storm

Sometimes current events provide an occasion perfect storm to educate about arbitration basics. This is one of those occasions. ...more

'Unknown unknowns' and the limits of natural justice challenges in adjudication

by White & Case LLP on

The Singapore High Court has set aside a construction adjudicator's determination for breaching the rules of natural justice. The adjudicator applied the wrong standard of proof without hearing submissions on the issue. This...more

Investment protection in Latin America: Mexico takes one step forward, Venezuela takes two steps back

by DLA Piper on

Mexico has signed the Convention on the Settlement of Investment Disputes between States and National of other States, better known as the Washington Convention or the ICSID Convention. This important development is expected...more

New Privatization Law opens up broad opportunities for foreign investment in Ukraine (Ukrainian)

by Dentons on

On 2 March 2018, President Poroshenko signed the Law “On Privatization of State Property,” which aims to revolutionize the outdated approach to privatization and establish competitive and transparent procedures for the sale...more

New Privatization Law opens up broad opportunities for foreign investment in Ukraine

by Dentons on

On 2 March 2018, President Poroshenko signed the Law “On Privatization of State Property,” which aims to revolutionize the outdated approach to privatization and establish competitive and transparent procedures for the sale...more

California Transportation Industry Waives Goodbye To Enforcement Of Federal Arbitration Act Provisions In Employment Contracts

by Jackson Lewis P.C. on

In a loss for the California transportation industry, the Court of Appeal for California’s Fourth Judicial District recently found in Muro v. Cornerstone Staffing Solutions, Inc., that the Federal Arbitration Act (“FAA”) is...more

Chris Lazarini Analyzes "Common and Usual Meaning" Interpretation of Insurance Contracts

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which UBS Puerto Rico sought to overcome its insurance carriers' refusal to defend and provide coverage for two civil actions, settlements with the SEC and FINRA...more

JSH Reporter - Fall 2017

It has been over one year since our last issue, and we are pleased to share several resources with you, including important case summaries, law updates, attorney-authored articles, and firm news and events. Please see full...more

Ninth Circuit Reaffirms That Washington State’s Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

by Carlton Fields on

This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity. The District Court for the District of Oregon denied Philadelphia Indemnity’s motion to compel...more

Ninth Circuit Enforces Marine Insurance Arbitration Clause in Yacht Policy

by Lane Powell PC on

Maritime law is a federal body of substantive law that governs many aspects of disputes falling under the admiralty jurisdiction of the federal courts. But maritime law does not address all issues that could arise in the...more

Participation In Litigation To Avoid A Default Judgment Does Not Waive A Party’s Right To Compel Arbitration

by Carlton Fields on

An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee. ...more

United States: Another Blow to Employment Arbitration Clauses in Hawaii

by Dentons on

In Gabriel v. Island Pacific Academy, Inc., the Hawai‘i Supreme Court refused to enforce an arbitration clause in an employment agreement where the chosen arbitrator’s standard operating procedures required the employee to...more

New DIS RULES after 20 years

by White & Case LLP on

On 1 March 2018, after 579 days of deliberations, the new arbitration rules of the German Institution of Arbitration ("DIS") will enter into force, replacing the previous 1998 DIS Rules. The 2018 DIS Rules include several...more

February 2018: Attaching Debts Due Under Letters of Credit in the UK

Introduction - The case of Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 involved Taurus Petroleum Ltd. (“Taurus”), a Geneva-based oil trading company, and...more

Japan Legal Update - Volume 33 | February 2018

by Jones Day on

Disputes - Supreme Court of Japan Overturns the Osaka High Court's Decision Setting Aside an Arbitral Award - On December 12, 2017, the Supreme Court of Japan (Third Petty Bench) overturned the Osaka High Court's...more

NY bars use of mandatory arbitration agreements by career training schools

by Ballard Spahr LLP on

The New York Education Department (NYED) has issued a ruling which states that the Bureau of Proprietary School Supervision (BPSS) will not permit an enrollment agreement, including an arbitration clause, to infringe on the...more

Court Enforces Arbitration Award, Finds Reinsurer Must Pay Settlement Between Retrocessionaire And Policyholder

by Carlton Fields on

Granting a motion to enforce an arbitration award, the U.S. District Court for the Southern District of New York has held that a reinsurer is liable for a $5 million settlement entered into between a policyholder and the...more

Your Arbitration Is Not Yet Filed, But Attachment in Aid of That Arbitration May Be Available

The courts undoubtedly have the power to grant provisional remedies in aid of a pending arbitration – including temporary restraining orders, preliminary injunctions, and attachments. As a recent Fifth Circuit decision...more

Providing For De Novo Review of Award Can Invalidate The Arbitration Agreement

A recent decision from the 10th Circuit shows there is a whole new way to invalidate an arbitration agreement. In Citizen Potawatomi Nation v. Oklahoma, 2018 WL 718606 (10th Cir. Feb. 6, 2018), the court found the...more

Fourth Circuit Finds Incorporation Of Jams Rules Constitutes Parties’ Intent To Delegate Question Of Arbitrability To Arbitrator

by Carlton Fields on

The Fourth Circuit, noting that expansive general arbitration clauses will not suffice to force the arbitration of arbitrability disputes, looked at whether the parties’ express incorporation of JAMS Rules constituted “clear...more

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for...more

Italy - Challenge of arbitral award for error of law: is your arbitral clause safe?

by Hogan Lovells on

By judgment no. 13 of 2018 (published in the Official Journal - Gazzetta Ufficiale - on 30 January 2018), the Italian Constitutional Court confirmed the recent position of the Italian Supreme Court, whereby it is always...more

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