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 moreManaging costs in international arbitration: Covid-19 and economic choices for businesses
When the coronavirus pandemic heralded the globe in 2020, little was predictable, let alone known, in terms of the paralysis and crises it would cause, given the unquantifiable damage and its impact on global socio-economic livelihood. The scale of the outbreak is unprecedented and quite extraordinary. One stark reality of COVID-19 is that many commercial disputes are bound inevitably to result in court or arbitration proceedings due to the adverse impact of the pandemic.
Read moreArbitration is Alive and Well
New Jersey business owners may be reluctant to introduce arbitration programs for their employees because of a state law enacted in 2019 that prohibits agreements that prevent litigation of workplace disputes in court by directing them into arbitration. Fortunately, the likelihood is that in most instances, New Jersey’s law is not enforceable and an employer that wants to steer employee disputes to arbitration, rather than court, can do so.
Read moreIf You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear
In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to provide worldwide marketing of wind energy equipment and services. The agreement contained an arbitration clause that required all disputes between the parties to be arbitrated. The arbitration clause contained the following language.
Read moreWhy Arbitrate International IP Disputes?
International arbitration provides an appealing alternative to adjudication in national courts for many international and cross-border intellectual property (IP) disputes. Fundamentally grounded in party autonomy, arbitration enables parties from diverse jurisdictions and legal traditions to agree on, and resort to, efficient and specialised dispute resolution mechanisms tailored to their specific needs. Such customisation particularly complements common features of international IP disputes.
Read moreNH among states considering pandemic business immunity
CONCORD, N.H. (AP) — The New Hampshire Senate is considering legislation to shield businesses from coronavirus-related lawsuits though none have been filed since the pandemic began.
Sen. Bob Giuda, R-Warren, sponsored the bill on behalf of the Business and Industry Association of New Hampshire. David Creer, the association’s director of public policy, told the Senate Commerce Committee the issue is a top priority among the group’s members, who can’t afford to fight a frivolous lawsuit.
Read moreExplained: Why Amazon is feuding with Future Group, 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 Reliance Industries Ltd. 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.
Read morePaper Excellence wins arbitration to complete acquisition of Brazil's Eldorado
SAO PAULO, Feb 3 (Reuters)- Netherlands-based Paper Excellence BV has won an arbitration case against Brazilian group J&F Investimentos SA to complete the acquisition of paper mill Eldorado Brasil Celulose SA, two sources with knowledge of the matter said on Wednesday.
Read moreRecent joint venture dispute trends in mining sector
This article considers the duties, both express and implied, which joint venture partners may be under when dealing with each other. Can a party simply look out for itself or must it consider its partners' interests when conducting joint venture business? How do arbitrators approach these questions?
Read moreCommon Ways to Resolve Disputes and Deadlocks in a 50/50 Business
At some point in a business relationship, differences of opinion are likely to arise. In businesses where there are equal owners of the company, it is important to ensure that there are carefully drafted governing documents or a standalone buy/sell agreement that detail the process for resolving a conflict or impasse. 50/50 business owners should review the company's operating agreement, shareholders agreement, or partnership agreement to determine the process for resolving that impasse.
Read moreDrafting an Effective Dispute Resolution Clause
The most recent survey concerning the use of an alternative dispute resolution clause by Fortune 1000 companies found that 98% used mediation, 83 % used arbitration, and 51% used mediation-arbitration within the last three years.
More than half of respondents said their motivation for doing so was a contractual requirement. Therefore, one would expect to find that dispute resolution clauses are a common feature of business contracts and that such clauses would be discussed in the academic literature for the guidance of ADR users and contract drafters alike.
Read moreFacing the Fire: How Executives Can Best Prepare to Testify in Legal Proceedings
When a business executive is involved in a dispute—regardless of whether the matter is in court, mediation, or arbitration—the stakes can be immense and may even include the risk of personal liability. Partners and executives should expect that they will have to give testimony and face the fire of cross-examination. Below are some observations on best practices when preparing to testify.
Read moreCOVID sparks more job protection for workers
One of the few bright spots shining through the coronavirus pandemic for employees is the attention directed to greater job security, particularly for lower-level employees who have suffered the brunt of economic hardship due to COVID-19.
Read moreZynga granted limited discovery on player accounts in data breach cases
A federal judge has ordered Zynga Inc app users to give the company’s lawyers information associated with their accounts to help determine whether the users’ data breach claims belong in arbitration.
Read moreFranchise M&A
If, as is often the case, a franchise acquisition commences with a letter of intent-type document, an interesting question arises as to whether the franchisees should be informed about the sale intention at that stage. There is no legal requirement to do so and most advisers would argue that, at the letter of intent stage, completion is too uncertain to inform the existing franchisees. However, if the franchisor does enter into such a letter of intent it is a strong possibility that this would constitute a material fact requiring disclosure to any prospective franchisees, if the prevailing franchise legislation requires such disclosure. Upon the signing of a binding acquisition agreement, the argument that disclosure is required for prospective franchisees gets more compelling, but not with respect to existing franchisees. Some franchisors opt to place a moratorium on new franchise sales during a system sale process because of this issue. One should query what a franchisor should do, if, during a sale process, disclosure is required because an existing franchisee is selling its business to a new franchisee or an existing franchisee is renewing its franchise agreement.
Read moreWhat Do Investor-State Arbitration Laws Mean For Your Business
The global market has enabled large corporations to expand into foreign territory. Yet many corporate entities are finding foreign states are clipping their wings and preventing an equal playing field with the homegrown competition.
Consequently, the International Chamber of Commerce (ICC), introduced investor-state arbitrations laws to that enabled foreign investors to challenge States that impose unfair advantages through laws and administrative procedures that do not apply to national companies.
Read moreThe Best Career Skills to Have for Any Job
Every professional experience can teach you something. Whether you are applying for your first job, trying to get a promotion or switching industries, there is no better way to enter a role with confidence than by identifying transferable skills you have gathered throughout life. The good news is that three of the most important skills you can take into the workplace are strengths you have likely been developing to some degree since childhood. Often known as soft skills, they offer a pivotal starting point for anyone hoping to achieve success in the workplace. You can then learn to develop your professional skills on the job.
Read moreThe 3 Contract Clauses You Need to Review Before the End of the Year
Being a small business owner means taking on several jobs at once by being your own chief executive, accountant, human resources manager and even lawyer.
That can lead to shortcuts, as entrepreneurs focus on their strengths and make do in the areas where they aren’t as knowledgeable.
As a business contract lawyer, I’ve seen the results of some of these quick fixes, as small business owners reuse boilerplate contracts year after year, even as their business grows and legal precedents change.
Read moreU.K. Supreme Court Confirms That Arbitrators Are Under a Legal Duty to Disclose Matters Which Would or Might Create an Appearance of Bias
In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion that there is a real possibility that they are biased. This welcome development in English law reinforces the integrity and reputation of English-seated arbitration, and is consistent with best practice seen in the International Bar Association (IBA) Guidelines on Conflict of Interest and leading institutional rules.
Read moreGovernment releases draft amendments to the Franchising Code
Recently, the Federal Government released its exposure draft amendments to the Franchising Code of Conduct (Code).
The amendments to the Code are a response to the findings made by the Parliamentary Joint Committee in its Fairness in Franchising Report and the subsequent commitments made by the Government.
While the amendments are still in draft form, the major proposed changes to the Code include the following:
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