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Dispute Resolution Enforcement

Skadden, Arps, Slate, Meagher & Flom LLP

International Arbitration Update: Global Developments and Trends To Watch

In the inaugural issue of this newsletter, we examine significant developments, court rulings and trends to watch in Africa, Asia, Europe, Latin America, the Middle East and the United States....more

Foley & Lardner LLP

Federal Court Rejects FCA’s “65%-100%” Language as Insufficient to Constitute the Necessary Quantity Term in a Requirements...

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A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more

Ward and Smith, P.A.

Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants

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If done well, enforcement fosters harmony and neighborly behavior within the community. However, to be done well, enforcement of the Covenants must be carried out in a legally sound, fair, and consistent manner....more

A&O Shearman

Disputes 101 – What can’t you agree to do in your contract?

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Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more

A&O Shearman

Argentina v. Attestor Master Value: Supreme court denies certiorari

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The Supreme Court’s January 27, 2025 decision denying the Republic of Argentina’s petition for a writ of certiorari in Argentina v. Attestor Master Value leaves unresolved a split between the federal circuit courts over what...more

Carey Olsen

Specific performance in arbitration in the BVI: is there a binding award?

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In Global Mining and Gerald Metals ("Claimants") v China National Gold Group ("Respondents") BVIHCM 2023/0070, the Respondents were unsuccessful in their applications to set aside the BVI Court's order for registration and...more

Jones Day

Global Enforcement And Asset Recovery Series - Article 1: Recognition And Enforcement Of Judgments And Arbitral Awards

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Getting a judgment or award does not automatically mean getting paid. Particularly where judgment or award debtors are in less familiar jurisdictions, there can be a strong incentive to delay or avoid payment. From the...more

ArentFox Schiff

ICSID Releases Its 2024 Annual Report: Second-Highest Caseload in History and Membership Expansion

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On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June...more

Ankura

The Impact of DPDPA on Corporate Disputes

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The Digital Personal Data Protection Act (DPDPA) is a landmark piece of legislation that has reshaped the regulatory environment for data privacy in India. With its stringent requirements, the DPDPA presents new challenges...more

McDermott Will & Emery

Key Takeaways | IRS & FTB: Ultra High-Net-Worth Targets, Taxes & Tips

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This session of the Private Client West Cost Forum 2024 explored the current state of audits and tax controversy and shared practical advice to prepare for challenges ahead of a contest with the IRS or Franchise Tax Board...more

A&O Shearman

Update: Asymmetrical jurisdiction clauses in the onshore UAE

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The onshore Dubai Court of Cassation (Commercial Appeal No. 735 of 2024, dated October 29, 2024) has held that a unilateral option to arbitrate, included within an asymmetrical jurisdiction clause, did not constitute a...more

Conyers

Shifting Sands: The Future of Offshore Regulatory Disputes (Part 1)

Conyers on

As an evolving area of commercial disputes in the Cayman Islands, global enforcement trends provide us with valuable insight into the types of regulatory proceedings on the horizon for offshore jurisdictions. In this first...more

U.S. Equal Employment Opportunity Commission...

EEOC Research Finds Alternative Dispute Resolution More Effective When Offered Early in the EEO Complaint Process

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released a report titled, “Effectiveness of Alternative Dispute Resolution in the Federal Sector.”...more

American Conference Institute (ACI)

Making Victims Whole in a Multi-Jurisdictional Civil Fraud Case

Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more

Foley & Lardner LLP

Franchise Agreements’ Arbitration Clauses Are Enforced Over Forum Selection Clauses in Subsequent Agreements with Franchisor

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Franchise agreements’ arbitration clauses are enforceable even when subsequent agreements between the same parties contain forum selection clauses requiring litigation in different forums. Additionally, a trial court’s...more

Freiberger Haber LLP

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

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Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged...more

DarrowEverett LLP

Summarizing Proposed Changes to Florida Rules of Civil Procedure

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The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more

Miles Mediation & Arbitration

Good Riddance? The Uncertain Future of Covenants Not to Compete

I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

JAMS

10 Reasons Why Companies Prefer to Resolve International Commercial Disputes by International Arbitration

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Because we live in an imperfect world, disputes regarding the performance of contractual and legal obligations will occur. The growth in the volume of international transactions will lead to a corresponding increase in the...more

King & Spalding

Congressmembers Send Letter to Departments Raising Provider Concerns with No Surprises Act Implementation

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On March 18, 2024, thirty-nine (39) members of the United States House of Representatives sent a letter urging federal agencies to finalizing rulemaking regarding the implementation of the No Surprises Act. The letter,...more

Gibney Anthony & Flaherty, LLP

European Commission Adopts Toolbox to Combat Counterfeiting

The European Commission has adopted a toolbox to combat counterfeiting and help brands enforce their intellectual property rights. The toolkit builds on the Commission’s 2020 Intellectual Property Action Plan to enhance IP...more

Akin Gump Strauss Hauer & Feld LLP

WTO Dispute Settlement–What to Expect in 2024

The year 2024 holds the potential for significant developments in the World Trade Organization (WTO) dispute settlement mechanism. With the upcoming 13th Ministerial Conference (MC13) in February, members may reach agreements...more

Conyers

Tracing Wealth in the BVI in Aid of Arbitration: Unravelling the Breach of Fiduciary Duties

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The gravity of any arbitration award lies in its successful enforcement. The enforcement process may be frustrated and produce little result if the winning party does not identify at the outset the assets against which the...more

Bracewell LLP

FINRA Facts and Trends: December 2023

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Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month,...more

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