News & Analysis as of

Business Torts Alternative Dispute Resolution (ADR) Civil Procedure

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

The Gulf Crisis—Could it Bring State-to-State Arbitration to the Region?

by Bennett Jones LLP on

In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more

The Guide to Damages in International Arbitration: Strategic Issues in Employing and Deploying Damages Experts

by WilmerHale on

Parties frequently engage experts to assist in developing, calculating and presenting their cases on damages to tribunals in international arbitration. Such experts may specialise in economics, finance or accounting, or...more

Setting aside an SOP Act adjudication determination: The right of all parties to be heard

by Dentons on

The Building and Construction Industry Security of Payment Act (Cap 30B) (SOP Act) gives parties in Singapore a way to quickly resolve construction payment disputes on a “temporary finality” basis with the right to fully and...more

Litigation. Major Russian legislation changes for 2017

by Dentons on

Change in the rules for applying the mandatory pre-arbitration dispute resolution procedure when filing with Russian commercial courts - Amendments to Article 4(5) of the RF Commercial Procedure Code entered into force on...more

A Court Determines If Motion to Compel Arbitration Is Groundless

by Strasburger & Price, LLP on

In Archer & White Sales v. Henry Schein, Inc., the Fifth Circuit clarified who determines whether a dispute is arbitrable—a court or an arbitrator—when a motion to compel arbitration is “wholly groundless.” In Archer, the...more

Controversy surrounds UAE Resolution relating to arbitrations

by Dentons on

New law fuels concern in the legal community - The UAE has spent years investing in international arbitration and has become a well-known hub for large scale disputes. The country has developed well-respected and renowned...more

FRANCHISOR 101: Arbitr-“all”

by Lewitt Hackman on

A federal court in New Jersey granted a franchisor's motion to compel arbitration of disputes involving seven frozen yogurt franchises, even though the claims were subject to different arbitration provisions in different...more

Chris Lazarini Analyzes Court's Decision to Stay Proceedings Involving Non-Arbitrable Claims Pending the Outcome of an Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more

Chris Lazarini Examines Unconscionability Claims in Arbitration Clause

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...more

Kerrygold Update: A Buttery Settlement

A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark...more

When Asserting Arbitration Provisions, Think Inside the Box

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit declined to apply an arbitration provision to a dispute where the asserted claims were not within the scope of the contract containing the arbitration provision. Roof N Box,...more

Disclosure in arbitration: paint the full picture not a vignette - Misleading an arbitrator by omitting key evidence can amount to...

by Dentons on

It is relatively hard to establish successful grounds for appealing an arbitration award – and particularly unusual where the appeal is based on the fraudulent conduct of one of the parties. The decision in Celtic Bioenergy...more

UK arbitration news round-up

by Dentons on

Our arbitration news round-up includes commentary on the following: - The "Brexit effect" on London as a dispute resolution centre. - Recent gender statistics show more women arbitrators appointed. - ICC...more

Ensuring appropriate confidentiality in arbitration: guidance for arbitrators and parties alike

by Dentons on

A recent case, Symbion Power LLC v. Venco Imtiaz Construction Co [2017] EWHC 348 (TCC), highlighted two issues which touch on confidentiality in arbitrations: (1) the confidentiality of communications from an arbitrator to a...more

Chris Lazarini Comments on Waiver of the Right to Seek Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more

Recover of Costs After Arbitration Pursuant to C.C.P. § 998

by Low, Ball & Lynch on

Alan Heimlich v. Shiraz M. Shivji - Court of Appeal, Sixth Appellate District (May 31, 2017) - Must a party that has served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 present it to...more

La CCI lanza nuevas reglas de Procedimiento Abreviado

by Latham & Watkins LLP on

La Cámara de Comercio Internacional ofrece un nuevo procedimiento de arbitraje más rápido, fácil y simple para disputas de menor cuantía - El pasado 1 de marzo de 2017 entró en vigor el nuevo Reglamento de Arbitraje de la...more

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

by Bennett Jones LLP on

The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

Finality in commercial arbitration further affirmed by the Supreme Court of Canada

by Dentons on

Confirming its 2014 decision in Sattva Capital Corp. v. Creston Moly Corp.1 (Sattva), the Supreme Court of Canada (SCC), in another appeal from the Province of British Columbia, has held that there is limited jurisdiction for...more

The Asia-Pacific Arbitration Review - 2018

by WilmerHale on

The Asia-Pacific region has seen a surge in the use of arbitration in recent years. Although it is difficult to draw general conclusions about a large and incredibly diverse geographical region that stretches from French...more

The ICC Launches New Expedited Procedure Rules

by Latham & Watkins LLP on

The International Chamber of Commerce offers a new procedure to provide faster, easier and streamlined arbitration for smaller disputes. On 1 March 2017, the revised International Chamber of Commerce Arbitration Rules (the...more

International Arbitration Newsletter - May 2017

by Latham & Watkins LLP on

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

A recent decision of the New Jersey Court of Appeals considered the enforceability of arbitration agreements by non-signatories. In Foti v. Toyota Motor Sales, U.S.A., Inc., the plaintiff filed a putative class action...more

Canadian Mining Company Strikes Gold in US Court

by WilmerHale on

Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...more

Business Divorce Nation: Five States, Five Cases

by Farrell Fritz, P.C. on

It’s true that the statutory and common-law rules at play in business divorce cases can vary widely from state to state. But it’s also true that court decisions in one state can influence courts in other states, and can...more

117 Results
|
View per page
Page: of 5
Cybersecurity

Follow Business Torts Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.