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Alternative Dispute Resolution (ADR) law-news Education

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

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

Porter Hedges LLP on

When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

TNG Consulting

To Conjoin or Not to Conjoin: Title IX Complaint Analysis  

TNG Consulting on

I recently had the opportunity to be the decision-maker in two cases at a private university in California. The cases were factually and procedurally complex, which taught me some valuable lessons that I thought were worth...more

Buchalter

California Court of Appeal Holds Individual Wage and Hour Arbitration Award Precludes Subsequent PAGA Action

Buchalter on

A recent ruling in California’s Second District Court of Appeal has reaffirmed the importance of having employees sign comprehensive arbitration agreements. In Rodriguez v. Lawrence Equipment, Inc., 2024 WL 4719479, —...more

DarrowEverett LLP

[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET

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Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use...more

Cozen O'Connor

Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation

Cozen O'Connor on

Michael Schmidt is joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to...more

K&L Gates LLP

UAE Law on the Enforceability of Unilateral Arbitration Agreements

K&L Gates LLP on

In a recent decision dated 29 October 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 735 of 2024 (Commercial) confirmed that a unilateral (or asymmetric) arbitration agreement—an agreement which provides...more

A&O Shearman

Blood, BITs, and Arbitration: English High Court pours cold water on Czech Republic’s outstanding ss.67 and 68 challenges to...

A&O Shearman on

The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

A&O Shearman on

The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more

BCLP

Mediation and the Limits of Without Prejudice Privilege

BCLP on

Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more

Troutman Pepper

Mass Arbitration Clauses: How Have They Fared So Far?

Troutman Pepper on

For decades, representatives of business interests fought to place disputes, especially business-to-consumer (“B-to-C”) disputes, into arbitration rather than court. A second front in this battle developed in which these same...more

Marshall Dennehey

Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration

Marshall Dennehey on

Gov’t Emps. Ins. Co. v. Mount Prospect Chiropractic Ctr., P.A., 98 F.4th 463 (3d Cir. 2024) - The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or...more

McDermott Will & Emery

Key Takeaways | Planning Ahead for Successful Post-Death Administration

McDermott Will & Emery on

This session of the Private Client West Cost Forum 2024 discussed best avenues for family offices and their advisors to consider when managing a complex post-death administration, including steps to address and anticipate...more

A&O Shearman

UK Financial Conduct Authority Consults on Further Temporary Changes to Handling Rules for Motor Finance Complaints

A&O Shearman on

The U.K. Financial Conduct Authority has published a consultation on further temporary changes to handling rules for motor finance complaints. The FCA explains that following the Court of Appeal's recent judgment on motor...more

McDermott Will & Emery

Key Takeaways | IRS & FTB: Ultra High-Net-Worth Targets, Taxes & Tips

McDermott Will & Emery on

This session of the Private Client West Cost Forum 2024 explored the current state of audits and tax controversy and shared practical advice to prepare for challenges ahead of a contest with the IRS or Franchise Tax Board...more

Foley & Lardner LLP

New Political Decisions Pose Challenges for Foreign and Local Investors

Foley & Lardner LLP on

As the dust settles from the elections in Mexico, a new set of political decisions that have transpired in constitutional amendments pose new and major challenges for local and foreign investors with current or future...more

Pillsbury Winthrop Shaw Pittman LLP

No Longer Appealing: Why Are Contractors Filing Fewer Appeals at the ASBCA?

The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...more

Miles Mediation & Arbitration

“Get Laid Off with Me” on TikTok: What Employers Must Know About This New Trend

TikTok is unquestionably a modern phenomenon that features dancing, pranks, challenges, and unites the world with cat and dog videos. In the employment arena, it has also introduced the world to the ideas of “Quiet Quitting,”...more

Troutman Pepper

Will the California Supreme Court Finally Curtail the State’s Historic Hostility to Arbitration?

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California is famously inhospitable to arbitration. In fact, the U.S. Supreme Court struck down California laws disfavoring arbitration on no fewer than six occasions between 1987 and 2022....more

A&O Shearman

Submission to arbitral tribunal for interim relief may not amount to submission on merits

A&O Shearman on

In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 11, November 2024

Welcome to our 11th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from a deep dive...more

Morrison & Foerster LLP

Registration of ICSID Awards in the UK: Normal Service Resumed

Morrison & Foerster LLP on

The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more

McGlinchey Stafford

Delegation Clause + Mass Arbitration Protocol = Unconscionable Arbitration Agreement

McGlinchey Stafford on

Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that...more

Bennett Jones LLP

Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification

Bennett Jones LLP on

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model...more

Mayer Brown

Comprehensive Review of the functioning of Credit Derivatives Determinations Committees

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WHAT ARE DETERMINATIONS COMMITTEES AND WHY ARE THEY IMPORTANT? Credit derivative Determination Committees (DCs) are specialised regional panels which have been established to make binding decisions on issues related to...more

Blake, Cassels & Graydon LLP

Ontario Court Confirms: Rules Chosen by Arbitration Parties Govern Analysis of Arbitrator Bias

The Court of Appeal for Ontario (Court) recently issued its ruling in Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc. (Aroma). The decision clarifies the law governing an arbitrator’s duty to disclose...more

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