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Alternative Dispute Resolution (ADR) Privacy

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Bradley Arant Boult Cummings LLP

The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration...

In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of Swinerton’s mechanical...more

ArentFox Schiff

New ICSID Report Shows High Level of Satisfaction of ICSID Awards

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On June 17, the International Centre for Settlement of Investment Disputes (ICSID or the Centre) published a report on the trends in enforcement and compliance of the awards rendered by arbitration tribunals constituted under...more

Lathrop GPM

Michigan Federal Court Grants Domino’s Motion to Compel Arbitration but Denied Motion to Dismiss Claims and Motion for Sanctions

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A federal court in Michigan recently granted Domino’s motion to compel arbitration of a collective action relating to wage claims but denied Domino’s motion for sanctions and motion to dismiss, instead staying the case...more

Proskauer - California Employment Law

A Glimmer of Hope for Employers Defending Against PAGA Claims

The future of PAGA continues to look a bit brighter for employers as new favorable case law emerges. We previously reported on Turrieta v. Lyft, Inc. wherein the California Supreme Court ruled that PAGA plaintiffs have no...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds QPA Calculations and Disclosure Requirements, but Sides with Providers on Payment...

The Fifth Circuit Court of Appeals has handed down a significant decision in response to a challenge from health care providers to the implementing regulations of the No Surprises Act (“NSA”). The Court upheld the...more

Seward & Kissel LLP

Moot Court, Working on my Fitness, and Dealer's Choice

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US court reluctant to blow up Boy Scouts’ $2.46 billion sex abuse settlement | Reuters - On Wednesday, a three-judge panel of the Third Circuit Court of Appeals in Philadelphia considered whether to overturn the Boy Scouts...more

Snell & Wilmer

Successful Mediation Often Boils Down to Preparation

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When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to...more

Mayer Brown

Hong Kong Labour Tribunal Presiding Officer's Statutory Duty to Investigate Includes Calling Witnesses

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Proceedings in the Hong Kong Labour Tribunal are inquisitorial in nature, differing from the adversarial approach taken in court proceedings....more

Bennett Jones LLP

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

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Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Overturns Arbitration Clause in ERISA Lawsuit Against Kellogg

The Sixth Circuit Court of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966....more

Sheppard Mullin Richter & Hampton LLP

California Legislature Strikes at Confidentiality Clauses in Consumer Refunds and Settlement Agreements

A targeted change to California law will prohibit non-disparagement and similar confidentiality clauses in consumer settlement agreements and refund policies. Starting January 1, 2025, businesses settling disputes with...more

Troutman Pepper

Ninth Circuit Issues Decision Limiting Scope of Concepcion

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In Heckman v. Live Nation Entertainment, Inc., a panel of the Ninth Circuit affirmed a lower court decision refusing to enforce the Ticketmaster arbitration provision in a purported consumer antitrust class action brought...more

ArentFox Schiff

Investor-State Disputes Registered at ICSID Surpass 1,000 Cases

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The International Centre for Settlement of Investment Disputes (ICSID or the Centre) announced on August 8, that it had registered its 1,000th case under the ICSID Convention and the Additional Facility. While the Centre is...more

IR Global

Keeping it human

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Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more

Hogan Lovells

Interim jurisdiction upheld: provisional award enforced in Singapore despite pending jurisdictional objection

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In DFM v DFL [2024] SGCA 41, the Singapore Court of Appeal has clarified that it is conceptually possible for a party to submit to an arbitral tribunal’s jurisdiction for the purposes of an interim application, while...more

Awatif Mohammad Shoqi Advocates & Legal...

What Can You Do Legally in the UAE if Your Car Insurance Company Delays Payment?

In the UAE, car insurance offers significant financial protection in the event of accidents or damages. However, delays in compensation from insurance companies can cause unnecessary stress and financial hardship. UAE law...more

Goodwin

Ninth Circuit Strikes Mass Arbitration Agreement as Unenforceable under California Law

Goodwin on

On October 28, 2024, the Ninth Circuit struck a mass arbitration agreement as unconscionable and unenforceable under California law in Heckman v. Live Nation Ent., Inc., No. 23-55770.  The three-judge panel affirmed the...more

Morgan Lewis

UK Supreme Court Confirms Anti-Suit Injunction in Favour of Foreign-Seated Arbitrations

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The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more

Baker Botts L.L.P.

Challenging Windfall Taxes in the Energy Sector: Klesch Group & Raffinerie Heide v. Federal Republic of Germany

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On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more

Carlton Fields

Sixth Circuit Confirms Arbitration Award Despite Argument That Case Was International and Beyond Arbitrator’s Authority

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The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more

Fenwick & West LLP

Ninth Circuit Nixes Live Nation’s ‘Unconscionable’ Arbitration Agreement

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On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more

McGlinchey Stafford

Litigation Byte (October Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

IR Global

AI: Inevitable, but limited

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How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more

Ballard Spahr LLP

Ninth Circuit Refuses to Enforce Ticketmaster’s Mass Arbitration Procedures Notwithstanding the Federal Arbitration Act

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We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more

Sheppard Mullin Richter & Hampton LLP

Dispute Resolution Considerations in Construction Contracts

During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more

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