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

Eventuali profili di responsabilità del supermercato per danni subiti da un cliente a causa della caduta di un oggetto da uno...

Dentons on

In passato, la giurisprudenza è stata ferma e precisa nell’esprimersi nel caso in cui un cliente, che sia all’interno dei locali di un supermercato, si trovi a cadere all’interno dello stesso con danni conseguenti....more

Hogan Lovells

The final piece in the jigsaw – the new binding arbitration process for landlords and tenants

Hogan Lovells on

As foreshadowed in its announcement on 16 June 2021, the UK Government has issued the Commercial Rent (Coronavirus) Bill establishing a binding arbitration procedure to resolve disputes relating to certain commercial rent...more

BakerHostetler

The Fifth Circuit Now Considers Who Are ‘Parties’ in an FAA Action to Compel Arbitration

BakerHostetler on

In two prior blogs, we have focused on a dispute over federal court jurisdiction to confirm or vacate an arbitration award under Section 9 and Section 10 of the Federal Arbitration Act (FAA). The dispute resulted in a Fifth...more

Carlton Fields

Second Circuit Affirms Judgment Confirming Dismissal of Claims on Statute of Limitations Grounds and Order Enjoining Plaintiff...

Carlton Fields on

The Second Circuit recently affirmed the confirmation of an arbitrator’s decision dismissing claims on statute of limitations grounds against a claim that the arbitrator had no authority to consider such a defense and...more

JAMS

Opening Offers in Negotiation

JAMS on

Whether negotiating in a mediation or directly with an opposing party, everyone has to start somewhere—so where should you start a negotiation? It may seem smart to begin with the absolute highest (or lowest, depending on...more

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

Morgan Lewis on

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

Hogan Lovells

Is Arbitration Finance right for you?

Hogan Lovells on

Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal...more

Rosenberg Martin Greenberg LLP

United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions Because of...

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.”  The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle...more

Conyers

Q&A with Jeffrey Elkinson, Director in the Litigation Department

Conyers on

In the November edition of the Private Client & Trust Bulletin, we sat down with Conyers Director, Jeffrey Elkinson. Jeffrey has been with the Bermuda office of Conyers for 33 years and is a well-known arbitrator and counsel....more

Mintz - Intellectual Property Viewpoints

Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability

The Federal Circuit recently held that an arbitrator, not a federal district court, should decide whether a dispute arising from a technology license is subject to mandatory arbitration. See ROHM Semiconductor USA, LLC v....more

WilmerHale

Federal Circuit Patent Watch: Arbitration Rules Incorporated-by-Reference into License Agreement may Delegate to Arbitrator the...

WilmerHale on

Precedential Federal Circuit Opinions - ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. [OPINION] (2021-1709, November 12, 2021) (LOURIE, O’MALLEY, and CHEN) - O’Malley, J.  Affirming district court...more

K&L Gates LLP

Arbitration World - November 2021

K&L Gates LLP on

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the...more

Fox Rothschild LLP

Overview of Dispute Review Boards in the Construction Process

Fox Rothschild LLP on

Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method — design-build, design-bid-build, construction manager at risk, construction manager not at...more

Dechert LLP

Conditional Fee Arrangements Likely Soon to be Allowed in Singapore and Hong Kong

Dechert LLP on

Presently, Singapore and Hong Kong law prohibits lawyers from entering into outcome-related fee arrangements with their clients because of the common law rule against maintenance and champerty. The traditional rationale for...more

Lasher Holzapfel Sperry & Ebberson PLLC

5 Tips for Successful Dispute Resolution During Divorce

“Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen.” ~Winston Churchill- It’s easy to instinctively shy away from conflict and with good reason – given the choice, most...more

WilmerHale

La sede y el ordenamiento aplicable en el arbitraje internacional: enfoques cruzados

WilmerHale on

El carácter global de la Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjeras (Convención de Nueva York) es una de las prerrogativas típicamente destacadas dentro de las ventajas del...more

JAMS

Virtual Mediation in Today’s World: A Pandemic Success Story - Why it works so well

JAMS on

When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration. There was precedence in...more

Latham & Watkins LLP

COVID-19 Commercial Rent Arrears: UK Government Publishes Draft Arbitration Rules

Latham & Watkins LLP on

The rules provide an arbitration procedure to determine the amount of affordable rent arrears for a commercial tenant where landlord and tenant have been unable to reach a consensual agreement. On 9 November 2021, the UK...more

NAM (National Arbitration and Mediation)

Elevating Your ADR Game – Useful Insights And Perspectives

Welcome to the first in a series of articles/discussions that will be based upon books written by experts in the field of negotiation tactics. These works are by authors who have a unique perspective about mediation and...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (November 8-12): An Arbitrability Tongue Twister

Fall colors are on full display in DC. But leaf peeping can’t keep us from following the latest news at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA’s FY 2021 Annual Report Details Informative Statistics that Can Guide Potential Contract Disputes Act Claimants

The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims. The Board docketed a near record low number of new appeals during FY 2021. ...more

Knobbe Martens

Be Careful What You Agree To: Incorporated Rules Clearly and Unmistakably Delegate Determining Arbitrability

Knobbe Martens on

ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. Before Lourie, O’Malley, and Chen.  Appeal from the U.S. District Court for the Northern District of California. Summary:  An arbitration agreement, which...more

Dorsey & Whitney LLP

The Supreme Court - November 15, 2021

Dorsey & Whitney LLP on

Morgan v. Sundance, Inc., No. 21-328: Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court’s instruction in AT&T Mobility LLC v. Concepcion, 563 U.S....more

Jackson Lewis P.C.

Puerto Rico Supreme Court Rules Continued Employment is Valid Consent to an Arbitration Agreement

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has confirmed that continued employment may be valid consent to mandatory employment arbitration agreements in a matter of first impression. Aponte et al. v. Pfizer Pharmaceuticals, LLC, CC...more

Morris James LLP

Delaware Court of Chancery Enjoins Arbitration, Holds It Has Subject Matter Jurisdiction to Decide Substantive Arbitrability In...

Morris James LLP on

AffiniPay, LLC, et al. v. West, C.A. No. 2021-0549-LWW (Del. Ch. Sept. 17, 2021) - As a general matter, Delaware courts retain jurisdiction to determine substantive arbitrability – that is, whether claims are subject to...more

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Updated: Apr 27, 2021:

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

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

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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

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