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Dispute Resolution

Paving the way for third-party dispute resolution funding in Singapore

by Dentons on

The Civil Law (Amendment) Act 2017 - In 2017 Parliament aligned Singapore with other leading arbitration jurisdictions, such as London, Paris and Geneva, in embracing third-party funding as a viable method in increasing...more

Paris as an international jurisdiction: creation of chambers specialized in cross-border disputes

by White & Case LLP on

On 7 February 2018, in the presence of the French Minister of Justice, agreement protocols were signed by the Court of Appeal, the Commercial Court and the Paris Bar which provide for the creation of a specialist Chamber (or...more

Important Considerations in Selecting the Right Mediator

by Foley & Lardner LLP on

One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute....more

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

IRS Appeals Announces a Return to In-Person Settlement Cases

by McNair Law Firm, P.A. on

The IRS and taxpayers often disagree in tax audits and other tax-related matters. The IRS Office of Appeals was established as a separate and independent office within the IRS, whose mission is to resolve these tax disputes,...more

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2018

by King & Spalding on

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations - Internal investigations are an important process for identifying potential wrongdoing by agents of a...more

An Employer’s Notice to Employees of a Mandatory Arbitration Program May be Insufficient Basis to Compel Arbitration

Arbitration is of course a creature of contract, and so a party may not be compelled to arbitrate unless it has agreed, or is deemed to have agreed, to arbitrate a dispute. An offeree may be deemed to have manifested its...more

Inside ADR - January 2018

by JAMS on

Arbitrator Did Not Exceed Authority - Sanchez v. Elizondo - 2018 WL 297352 - United States Court of Appeals, Ninth Circuit - Elizondo brought a claim against Sanchez for alleged mismanagement of a financial portfolio. The...more

Growing Acceptance of Arbitration in International Commercial Financial Transactions

Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more

Making the Most of the Alternate Dispute Resolution Process During a Divorce

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a...more

Alert to Privacy Shield Participants: You Could Lose Your Privacy Certification If You Ignore This Warning

by Burns & Levinson LLP on

Recently, Privacy Shield participants started receiving these troubling alerts, purportedly from the International Trade Administration, warning that the recipient organization owes a new fee, and threatening to cancel that...more

New Amendment Seeks to Solidify Singapore’s Foothold as Hub for International Dispute Resolution

by Morgan Lewis on

The latest amendment to the Supreme Court of Judicature act clarifies the Singapore International Commercial Court’s jurisdiction to hear matters relating to international commercial arbitration....more

Reflections on Mediation

by JAMS on

Having served on the Contra Costa Bench for more than 20 years, I was accustomed to the role of Judge. After two decades in the courtroom with the continuous flow of disputes and a daily calendar of issues to be decided, I...more

Tough NAFTA Negotiations Continue

by Bennett Jones LLP on

In October, at the fourth round of the NAFTA renegotiations in Washington, several U.S. proposals caused major problems for both Canada and Mexico—and many interested parties in the United States... Originally published...more

ADR Seen as a Valuable Tool to Address Natural and Weather-Related Disaster Claims

by JAMS on

In a joint interview, two of JAMS most skilled insurance neutrals discuss how ADR can play a role in resolving weather- or disaster-related disputes. Stacy L. La Scala, Esq. is based in southern California and has...more

Actions by Sub-Saharan OHADA-Member Nations Promote Arbitration

by Jones Day on

The Situation: In November 2017, 17 sub-Saharan African states reformed both their uniform arbitration law and the arbitration rules of their regional arbitration center. The Result: The revision of the Uniform Act on...more

Singapore International Arbitration Centre Issues Proposal to Consolidate Certain Proceedings

by Morgan Lewis on

The proposal focuses on cross-institution cooperation where an application is filed to consolidate multiple international arbitration proceedings. On December 19, 2017, the Singapore International Arbitration Centre (SIAC)...more

#MeToo – Is Mandatory Arbitration On The Chopping Block?

by Foley & Lardner LLP on

On an almost daily basis, the news is filled with reported allegations of harassment by news anchors, Hollywood titans, Senate candidates, sitting congressmen, celebrity chefs, network executives and even the president. The...more

OHADA's 17 African States Adopt the Uniform Act on Mediation

by Jones Day on

The Situation: In November 2017, 17 states of sub-Saharan Africa adopted the Uniform Act on Mediation. The Result: The practice of mediation, although it already has legislative support in Burkina Faso, Ivory Coast, and...more

China issues its second Draft E-Commerce Law

by Hogan Lovells on

On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law (?????(???????), “Draft“). The goal of the Draft is to regulate China’s burgeoning...more

FIDIC Updates its Rainbow Suite of Contracts

by Jones Day on

Background: Fédération Internationale Des Ingénieurs-Conseils ("FIDIC")'s Red (Construction), Yellow (Plant and Design and Build) and Silver (EPC) Books ("Rainbow Suite of Contracts") are widely used on major construction and...more

JAMS Global Construction Solutions Newsletter, Winter 2017

by JAMS on

A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more

With Mugabe's Departure, Should Foreign Investors Reconsider Zimbabwe?

by Jones Day on

The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more

International News: Brexit & the US Administration

by McDermott Will & Emery on

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

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