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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

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in France

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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

WilmerHale

A Deep Dive Into Singapore's New Int'l Arbitration Rules

WilmerHale on

The Singapore International Arbitration Centre, or SIAC, has published the latest edition of its arbitration rules, which came into effect on Jan. 1. This is the seventh edition of the SIAC's arbitration rules, which have...more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

Miller Canfield on

Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Hogan Lovells

New year, more views – arbitration highlights in the Year of the Ox

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As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more

White & Case LLP

Construction contracts: ambiguities in remeasurement provisions

White & Case LLP on

Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

Carlton Fields

Fifth Circuit Affirms Arbitration Award and Finds Panel Was Fairly Constituted and Did Not Award Punitive Damages

Carlton Fields on

In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Carlton Fields

Court Finds No Manifest Disregard of the Law or Exceeding of Powers in Upholding Arbitration Award Related to Dispute Over...

Carlton Fields on

Markmidco S.àr.l., a Luxembourg company, sold to Zeta Interactive Corp. its interest in a customer relationship management business consisting of several companies that provided to retailers email and text message marketing,...more

Carlton Fields

Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor...

Carlton Fields on

The case involved a “second layer special casualty excess agreement of reinsurance” under which reinsurers General Reinsurance Corp. and SCOR Reinsurance Co. agreed to cover a certain amount in excess of Chicago Insurance...more

Holland & Knight LLP

Defining the Limits of Arbitral Authority - When Arbitration Awards Rewrite Commercial Contracts Instead of Interpreting Them

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"We have become an arbitration nation," said the U.S. Court of Appeals for the Ninth Circuit earlier this year, "an increasing number of private disputes are resolved not by court, but by arbitrators." In the area of complex...more

Carlton Fields

Southern District Confirms Arbitration Award Over Challenge Based on Failure of Arbitrators to Disclose Information

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The Southern District of New York has rejected a petition to vacate an arbitration award on the basis that the arbitrators failed to disclose allegedly material information. ...more

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