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

Three Point Shot - March 2025

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Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles - Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in...more

Miles Mediation & Arbitration

Mandatory Mediation Clauses in Retainer Agreements

We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more

Stoel Rives LLP

A Primer For Decoding Legal Jargon In Construction Contracts

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Construction is an industry with a long history that stretches back thousands of years. Over time, the industry developed its own specialized language. Indeed, the “Oxford Dictionary of Construction, Surveying and Civil...more

Lewitt Hackman

Toll-Free Legal Strategy: The Benefits of a Tolling Agreement

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Filing a lawsuit may not always be the answer when a business or individual has been harmed by another’s wrongful conduct. It is important to evaluate all options and consider strategies that will avoid litigation altogether...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Number 1” Claims Can be Qualified

DREO advertises that it is the ​“No. 1 Fan and Heater Brand” in the United States. Lasko, a competitor, thinks that it is, in fact, the ​“number 1” brand in both of those categories. Because there can’t be two ​“number 1”...more

Miles Mediation & Arbitration

To Lie or Not to Lie: That Is the Question

In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,...more

JAMS

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives to Reach Effective Settlements

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In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes. The neutrals, who are known as the...more

BCLP

HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award

BCLP on

In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge...more

JAMS

The Power of Choice: How Flexibility in Arbitration Drives Better Outcomes

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Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of the parties. But to fully realize these benefits, flexibility is key. The...more

A&O Shearman

UK Arbitration Act 2025 - an exception for treaties

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One of the most notable reforms is the new default rule that, in the absence of an express agreement between the parties on the law governing the arbitration agreement, it is the law of the seat that applies. The Act states...more

Fisher Phillips

Federal Appeals Court Provides 3-Step Roadmap For Creating Enforceable Online Agreements

Fisher Phillips on

A recent federal appeals court decision rejecting a business’s attempts at enforcing its online arbitration agreement offers lessons for businesses across the country on how to craft a valid agreement for your website. The...more

Orrick, Herrington & Sutcliffe LLP

The Revival of Badie Arbitration Suits in Consumer Finance

Bilateral arbitration is under increasing attack. While businesses evaluate whether and how to update their arbitration clauses in light of the U.S. Court of Appeals for the Ninth Circuit's October decision in Heckman v. Live...more

Robins Kaplan LLP

Navigating General and Limited Partnerships: Common Pitfalls and How to Avoid Them

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Choosing the right business structure is critical for the operation of a business. General and limited partnerships are common business structures for those wanting to enter business together. While both partnerships offer...more

WilmerHale

Year In Review and Developments to Watch in Foreign Sovereign Litigation in U.S. Courts

WilmerHale on

In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...more

Bradley Arant Boult Cummings LLP

Splitting the Pie Fairly: Using Creativity to Achieve a Successful Business Divorce

Throwing the baby out with the bath water is a pithy expression that suggests exercising caution when business partners in private companies are seeking to achieve a business divorce. The majority owner and the departing...more

Ervin Cohen & Jessup LLP

An Attorney’s Inadvertence, Mistake, or Excusable Neglect Is Not Sufficient to Overcome The Bright-Line Rule for Arbitration Fee...

Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more

Miller Canfield

Why Midsized Companies Should Consider International Arbitration to Enforce Their Cross-Border Contracts

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For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in France

Vinson & Elkins LLP on

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the fourth of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Offit Kurman

The Dos and Don’ts of a High-Asset Divorce

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Divorce is not easy, and when substantial assets are involved, the process becomes even more complex. High-asset divorces should be approached with the goal of fairness and financial security for the family.  I’ve compiled...more

Alston & Bird

California Imposes Restrictions on Arbitration Clauses in Consumer Agreements

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What happens in California, stays in California. Our Class Action Team examines a new California law that keeps California consumers’ arbitration proceedings in California....more

Miles Mediation & Arbitration

Master your Next Mediation: Advice for Attorneys

Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more

White & Case LLP

Summary of FERC Meeting Agenda for March 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on March 20, 2025, pursuant to the sunshine notice released on March 13, 2025....more

Faegre Drinker Biddle & Reath LLP

Bipartisan Push for Speedier Labor Agreements: Senators Unveil the Faster Labor Contracts Act

On March 4, 2025, U.S. Senator Josh Hawley (R-MO), along with a bipartisan coalition of senators, introduced new legislation — the Faster Labor Contracts Act — to dramatically speed up the timeline for first contracts for...more

Katten Muchin Rosenman LLP

The Latest Attack on Consumer Arbitration Agreements

The war against arbitration agreements continues apace. The latest volley comes from the U.S. Court of Appeals for the Fourth Circuit, Johnson v. Continental Finance Company, LLC, No. 23-2047 (4th Cir. Mar. 11, 2025). In...more

Offit Kurman

Creative Ways to Avoid Litigation

Offit Kurman on

When disputes arise, parties very often go straight to filing a lawsuit. Sometimes, that tactic can be effective. However, it may not be so effective for those individuals or small businesses seeking to minimize costs. Costs...more

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