Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And the mediator typically does not have any decision-making authority in the context of the mediation.
Read moreLawsuit over Idaho water company sale to Suez is resolved. City of Eagle touts agreement
The sale of Eagle Water Company to Suez Water will move ahead after the resolution of a city of Eagle lawsuit filed in 2019. City officials announced in a news release Wednesday that the lawsuit was resolved through mediation and that the sale to Suez will proceed to a review conducted by the Idaho Public Utilities Commission. The PUC must approve the sale for it to become final.
Read moreRecent Developments in Third Party Funding Disclosures: A Concrete Move Toward Greater Transparency in Commercial Arbitration
Third-party funding or litigation finance agreements have become increasingly popular and accepted methods to finance commercial disputes. While some U.S. jurisdictions prohibit enforcement of finance agreements under champerty and similar laws, the majority of jurisdictions now permit them. Examples of champerty state law restrictions on enforcement of funding agreements are discussed in my recent article titled “Champerty re-emerges: an overview of recent US Circuit Court rulings on third-party funding” appearing in the May 2020 Issue of the IBA’s International Litigation News.
Read moreFacebook, Australia reach deal to restore news pages after shutdown
Facebook agreed to restore news pages on its site in Australia after it said late Monday that it had reached a favorable deal with the government there.
The deal, which came after 11th-hour negotiations and intense backlash against the company, would enable Facebook to run news without having to go through a government-run arbitration process, Facebook’s head of news partnerships, Campbell Brown, said in a statement.
Read moreArbitration and Summary Proceedings: What's the Rush?
In a judgment of 10 February 20211, the Luxembourg Court of Appeal revisited the relationship between arbitration and the role of the national courts in summary proceedings.
In this case, a debtor appealed an interim payment order (référé-provision) issued by a vice president of the Luxembourg District Court in the context of interlocutory (or summary) proceedings. The creditor's request for advance payment was approved despite the fact that the parties had concluded an arbitration agreement.
Read moreFebruary 23, 2021 Vermont Supreme Court Issues Important Decision On The Enforceability Of Arbitration Clauses In Consumer Agreements And The Standards For Vacating Arbitration Decisions
The Court Affirmed A Lower Court’s Enforcement Of The Arbitration Clause, Requiring The Consumers To Arbitrate Their Claims Against A Home Inspection Company, And Also Affirmed The Lower Court’s Refusal To Vacate The Arbitrator’s Decision Dismissing The Consumers’ Claims, Based On Clear Disclaimers In The Inspection Contract
Read moreExplained: Why Amazon is feuding with its partner Future Group and billionaire Mukesh Ambani
A legal spat between Amazon.com Inc. and its Indian partner that started with an arbitration verdict in Singapore has got fiercer in New Delhi courtrooms. And neither side is ready to back off.
The US e-commerce giant and Mumbai-based Future Group, whose retail assets billionaire Mukesh Ambani’s RelianceIndustries agreed to buy for $3.4 billion in August, are locked in a dispute over that deal. Amazon says Future violated a partnership contract with the asset sale to its rival and wants to scuttle it, while the indebted Indian group says it would collapse if the transaction fails.
Why international arbitration is ideally suited for the Life Sciences and Health sector
Private, flexible and easily enforceable across much of the world, it is not hard to see why international arbitration is already popular, and set to become more so, for the LSH sector
Life sciences projects are invariably technical, high risk, protracted and collaborative in nature. Often, multiple parties across a range of jurisdictions are involved, as well as centring on confidential subject matter and sensitive data. And, of course, the stakes are frequently high. The choice of forum for resolving disputes can make a significant difference, so it pays to make sure you have fully considered the available options – particularly international arbitration.
Read moreAre there limits to what can be discussed “Without Prejudice”?
Without prejudice discussions between parties to a legal dispute are one of the most effective ways to avoid full-blown litigation and the associated risk and expense. The specialist shipping and commercial litigation lawyersat Bahamas law firm ParrisWhittaker regularly advise clients on ways to avoid court through constructive settlement negotiations.
Read moreRevision of form requirements for an arbitration clause in Swiss international arbitration law
Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of the Private International Law Act (“PILA”) entered into force on January 1, 2021. The article at hand offers a handy overview on the revised Art. 178 PILA[1] governing the form requirements from a thoroughly practical approach, focusing on its key changes and developments in international arbitration.
Read moreCyprus: International Arbitration Comparative Guide
1 Legal framework
1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
The laws that apply to arbitration in Cyprus are as follows:
the Arbitration Law (Cap 4);
the International Commercial Arbitration Law (101/1987) (‘ICA Law'), which is based on the UNCITRAL Model Law of 1985 and applies only to international commercial arbitration;
the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which was ratified in Cyprus by Law 84/1979; and
the Foreign Court Judgments (Recognition, Registration and Enforcement) Law (121(I)/2000).
Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court
On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items that must be disclosed “in a single document.” In reaching its decision that the Federal Trade Commission’s “single document rule” does not require the disclosure of binding arbitration, the court resolved a conflict that had existed under Florida law since 2008 and departed from Eleventh Circuit authority.
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreArbitration in Spain in times of COVID
Today more than ever, it is essential for companies to quickly and efficiently resolve any legal dispute or conflict that may affect them. The global COVID-19 pandemic has indeed weakened the Spanish and international business framework, and companies need, more than ever, an impartial system that allows them to:
Protect their rights and interests
Obtain resolutions that bring their disputes with third parties to an end in the short term
Avoid the eternization of judicial proceedings.
The Importance of Pre-Arbitral Steps: The Latest English High Court Approach
International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step but nonetheless commenced arbitral proceedings? Typically, the parties have a satellite dispute: on one side, whether the commencement of the arbitration is void thus depriving the arbitral tribunal of all jurisdiction due to the non-compliance and on the other side, whether such non-compliance is an issue of admissibility that falls within the arbitral tribunal’s remit to address by way of procedural modification (for example, by ordering a stay of proceedings pending completion of a negotiation period).
Read moreHow Does Personal Injury Mediation Work?
If you’ve filed a personal injury lawsuit or hired an attorney to file one for you, odds are good you are eventually going to be presented with the option, or perhaps even the obligation, to go to mediation. Mediation sounds intimidating. And it can be. But knowing what all the parts look like can make it a lot less so.
Read moreMediation - The future for personal injury claims?
Concluding a personal injury or clinical negligence claim on behalf of a claimant is often a bittersweet victory. Even after achieving the best possible outcome for the claimant, ultimately, the claimant still has to live with the consequences of another individual's negligent act which caused them harm.
In my experience, there often remains resentment over why the accident occurred in the first place and why the claimant had to go through an often lengthy and stressful litigation process to succeed in recovering a fair level of compensation. Regardless of what that sum of money ultimately is, the fact remains that no amount of money can take away those negative emotions.
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreCOVID-19-Related Employment Litigation Affecting Manufacturing Industry
Manufacturing employers probably will continue to see an increase in COVID-19-related litigation affecting the industry. Keeping up with recent trends in COVID-19-related litigation can help manufacturers ensure compliance with the common bases of alleged violations.
Read moreHow Inclusive Language Can Help You To Negotiate, Lead And Communicate For Success
When people hear the term “inclusive language,” they automatically think about diversity, equity, and inclusion.
But it’s much more than that.
Inclusive Communication
In this quick article, you’ll learn how to use inclusive language in order to improve your negotiation, conflict resolution, and business skills.
Read more