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Alternative Dispute Resolution (ADR) law-news Securities

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

CA Arbitration Invoicing Requirements for Consumer, Employee Agreements

Weiner Brodsky Kider PC on

California recently enacted Senate Bill 762 (SB 762), amending Cal. Civ. Code § 1657.1 and Cal. Code Civ. Proc. § 1281.97, to impose various requirements on invoicing and payment of fees by companies in the case of...more

JAMS

National Disability Employment Awareness Month Powered by Inclusion

JAMS on

One of our core values here at JAMS is embracing diversity and providing equal opportunities for everyone while respecting each other’s differences and supporting each other’s strengths. As we recognize National Disability...more

Jackson Lewis P.C.

U.S. Chamber of Commerce Seeks En Banc Review of Decision on FAA Preemption and California’s AB 51

Jackson Lewis P.C. on

As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more

JAMS

How an Arbitrator Shadowing Protocol Could Promote More Diversity

JAMS on

In July, as part of its Cocktails and Conversations webinar series, JAMS brought together industry leaders to explore concrete ways to promote diversity and inclusion in international arbitration. Mark Smalls, senior vice...more

Kilpatrick Townsend & Stockton LLP

What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the...

International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears...more

Snell & Wilmer

Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction

Snell & Wilmer on

Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration...more

Foley & Lardner LLP

Government Issues No Surprises Act Interim Final Rule with Comment Period (Part II)

Foley & Lardner LLP on

On September 30, 2021, the U.S. Departments of Health and Human Services (HHS), Labor and Treasury (collectively, the Departments) along with the Office of Management and Budget released “Requirements Related to Surprise...more

Dentons

Offer and acceptance "not the last word" in contract formation

Dentons on

As law students, we were taught that five key elements must be present for a contract to exist: (i) offer, (ii) acceptance, (iii) consideration, (iv) the intention to create legal relations and (v) certainty of terms. ...more

JAMS

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

JAMS on

I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the...more

Akin Gump Strauss Hauer & Feld LLP

A High Point for On-Demand Bonds: English Court of Appeal Questions ‘Paget’s Presumption’; English High Court Rejects Emergency...

On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay arises through a demand being made under the Bond whereas under a “see to...more

Jones Day

Disputes Disrupted? The Impact of Dubai's Decree No. 34 of 2021 on the Choice of Commercial Arbitration in the UAE

Jones Day on

In Short - The Situation: Dubai Decree No. 34 of 2021 (the "Decree") was issued on 14 September 2021 and became effective on 20 September 2021. The Decree cancelled—with immediate effect—two arbitration institutions in...more

NAM (National Arbitration and Mediation)

Takeaways From The CLE Program, “ADR In Divorce: Fast-Tracking Resolutions”

Recently, NAM and the ABA collaborated in conducting a CLE webinar entitled, ADR in Divorce: Fast Tracking Resolutions. Three of NAM's well-regarded neutrals, Hon, Jeffrey S. Brown (Ret.), Elena Greenberg, Esq. and Hon....more

Kramer Levin Naftalis & Frankel LLP

Contractual Tensions in the Context of Post-COVID Economic Recovery: Legal Tools and Guidelines

After a year and a half of a global pandemic, INSEE (French National Institute of Statistics and Economic Studies) announced on Sept. 7 a forecast growth of 6.25% of French GDP, thanks in particular to household consumption. ...more

Blake, Cassels & Graydon LLP

Trends and Developments in Infrastructure Arbitration

The effects of COVID-19 and concerns about unforeseen events have caused both owners and contractors of infrastructure projects to re-evaluate how to best mitigate risk and manage disputes more efficiently. Some elements of...more

Carlton Fields

Tenth Circuit Affirms Arbitration Award in Soaring Victory for Jet Engine Manufacturer

Carlton Fields on

Williams International designs, manufactures, and services small jet engines. In May 2013, Dodson International Parts Inc., a company that sells new and used aircraft parts, purchased a damaged aircraft fitted with two...more

K&L Gates LLP

Delaware Supreme Court Adopts a New "Universal" Test for Establishing Demand Futility Granting Directors Greater Protection...

K&L Gates LLP on

The Supreme Court of Delaware recently adopted a new three-part “universal” test to determine whether pre-suit demand upon a company’s board should be excused as futile. The new test, endorsed by the Court in United Food and...more

K&L Gates LLP

HUB Talks: Arbitration World: Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

K&L Gates LLP on

Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more

Bryan Cave Leighton Paisner

Vale SA v Steinmetz: English Court held that an arbitral decision cannot be relied upon in proceedings between non-parties

In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had upon a proprietary claim against a non-party to the arbitration, the Court of...more

Carlton Fields

Seventh Circuit Concludes That Arbitration Clause That Waives ERISA Remedies Is Invalid

Carlton Fields on

The Seventh Circuit Court of Appeals recently concluded that an arbitration clause that prohibited claimants from seeking or receiving any remedy that provided additional retirement benefits or other relief was unenforceable...more

Carlton Fields

Federal Circuit Declines to Hear Challenge to Patent Board’s Decision Even Though Decision Allegedly Involved Adjudicating Issues...

Carlton Fields on

The Federal Circuit Court of Appeals recently declined to hear an appeal or grant a writ of mandamus seeking review of a decision by the Patent Trial and Appeal Board to institute inter partes review proceedings even though...more

JAMS

Recovering Attorney Fees in Arbitration

JAMS on

An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

Butler Snow LLP

Set Reset – Fifth Circuit Joins the Eleventh – Arbitration Rights Can Revive

Butler Snow LLP on

In every jurisdiction in the country, the general rule is that a party to litigation waives arbitration rights by “substantially invok[ing] the judicial process to the detriment or prejudice of the other party.”  Subway...more

BakerHostetler

The Fifth Circuit Again Considers the ‘Forby’ Case and When the Right To Arbitrate Is Waived Based on an Amended Complaint

BakerHostetler on

As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits. Now a case that has come to the U.S. Court of Appeals for the Fifth Circuit...more

Shumaker, Loop & Kendrick, LLP

EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction – Summer...

Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that...more

JAMS

Health Systems and the Benefits of Early Dispute Resolution - Recognizing Common Internal Issues That Often Escalate Into Disputes...

JAMS on

Innovation, regulation and evolution in the health care industry have all spawned complex business arrangements that span financial, operational and professional services issues. As with any other sophisticated business,...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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