Law360 (December 10, 2020, 7:54 PM EST) -- A distributor of personal protective equipment has lodged a $3 million suit over a botched medical gown order, the Chicago Teachers Union is trying to keep public schools from reopening without agreed-upon coronavirus safety standards, and a bid to block the New York governor's "food curfew" has appeared to sputter in the Second Circuit.
Read moreArbitrator Upholds Employer’s Right to Impose Mandatory COVID Testing on Employees
Everyone in society has been affected in different ways by the COVID-19 pandemic. Employers in particular have faced difficult challenges and have been required, in many cases almost immediately, to make decisions that potentially impact employees’ privacy and other rights while attempting to ensure that the health and safety of their employees, their clients and those that they provide services to, are adequately protected. A common question that has arisen over the last few months for employers is simply this – can they require their employees to take a COVID test as a condition of working in order to satisfy their employer they can safely attend the workplace?
Read moreArbitrating Intellectual Property Disputes: Lessons from Hong Kong and Singapore
Alternative dispute resolution (ADR) is growing in popularity as a method of resolving intellectual property (IP) disputes across the globe. This is evident from the rising number of cases handled by the WIPO Arbitration and Mediation Centre over the past few years, from 136 cases in 2017, to 155 in 2018, to 178 in 2019.[1] Outside of arbitration and mediation, domain name dispute resolution (DNDR) administrative processes are quickly becoming a preferred method to deal with trademark disputes involving online domain names, with 3,074 cases filed with WIPO in 2017, 3,452 in 2018 and 3,693 in 2019.[2]
Read moreThe first-ever digital 18th ICC Miami Conference on International Arbitration
The long-standing event, which this year was held online due to the impact of the Covid-19 pandemic, has grown significantly since it launched 18 years ago and is an unmissable event in the international arbitration calendar, not only in Latin America, but in the US and Europe.
Read moreA Rare Occurrence: California Court Overturns Arbitrator’s Award
California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions Code section 16600 provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Due to this prohibition, employers in California have few options in terms of preventing post-employment competition and solicitation.
Read morePosture Away, You May Still Get Your Way
The Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In Borror Property Management, LLC v. Oro Karric North, LLC (No. 2:19-cv-04375), the Sixth Circuit upheld the defendant’s contractual right to arbitration by concluding that no waiver of such right had occurred.
Read moreResolving conflict in the workplace
Conflict in life is unavoidable. It could be said that it is part of human nature.
However, conflict in the workplace can put an additional strain on what may already be a stress-filled situation. With upward of one-third of any given day spent in the workplace, it’s always beneficial to have a place of employment that you don’t dread going to each morning because of intraoffice strife – be it between a manager and an employee or between co-workers.
Read moreCAN MEDIATION MAKE DIVORCE EASIER ON CHILDREN
As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for a child. Parents tend to want what is best for their children and are apprehensive about the effects a potentially long, drawn out court battle can have on the family. One alternative to divorce that some families find success with is divorce mediation. Through mediation, you can often talk through each aspect of your divorce agreement without needing to take things to court or work with multiple lawyers.
Read morePay attention to your dispute resolution clauses
The importance of a clearly drafted dispute resolution clause should never be underestimated. It may have serious implications for how disputes arising under a contract are resolved and obligations enforced.
Each contract is different and requires a custom-made dispute resolution clause. To that end, the use of generic dispute resolution clauses “pulled from the Internet” is ill-advised.
A dispute resolution clause specifies how the parties wish their disputes arising under their contract to be resolved. It may specify one or more mechanisms for dispute resolution, including negotiation, mediation, arbitration or litigation.
Read moreDisputes after Brexit - a bumpy ride?
Whether the UK and EU agree a post-Brexit deal or not, the UK will leave the EU's jurisdiction and enforcement regime on 31 December, if only for a short period. The result will be turbulence for some organisations with European disputes on their hands, but a smooth ride for others, and any disruption may be short-lived. We explain why.I
Read moreThe 2021 ICC Arbitration Rules further improve the efficiency, flexibility and transparency of the arbitral process
The ICC is updating its 2017 Arbitration Rules, which will take effect on 1 January 2021 and will apply to cases registered as of that date (the “2021 Rules”).
The coronavirus pandemic and repeated lockdowns around the world have transformed the way international arbitrations are conducted today. The new changes to the ICC Arbitration Rules reflect those realities and, as noted by Alexis Mourre (the President of the ICC Court), further streamline the arbitration process to make it more efficient, flexible and transparent, for both large and small cases.
While the changes are generally limited in scope, they reflect the ICC’s desire to ensure that the ICC rules respond to the ever-changing business environment and meet the challenges of current times.
The key modifications are discussed below.
Read moreForeign investors harmed by trade measures may find relief by bringing investment arbitration claims →
A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international investment agreement may submit arbitration claims that international trade regulatory and tariff measures breach the state's international obligations.
Read moreSCOTX to Hear Reinstated Petition in Oil & Gas Arbitration Dispute
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute. The facts of the case were discussed in a previous Disputing blog post:
Read moreRoom for Opportunities – The Power of #Networked
I recently came across a meme that said, “Surround yourself with women who would mention your name in a room full of opportunities.” The quote (which was not attributed to anyone) struck me, because without hesitation I pictured a beautifully decorated banquet hall, overflowing with food and drink, and filled with the group of fifty women lawyers that have supported me throughout the pandemic.
Read moreWhy Alternative Dispute Resolution Is Useful For Business Conflicts
Vice President Yemi Osinbajo has said the current administration is promoting the adoption of Alternative Dispute Resolution (ADR) and creating the necessary infrastructure to enhance speedy resolution of business related disputes.
Read moreADR key to resolving int'l trade disputes? Experts believe so
Alternative dispute resolution (ADR) methods may just be the answer to resolving disputes between the parties contracting under letters of credit (LC) in international trade deals, especially during the economic fallout of the Covid-19 pandemic.
Importers and exporters normally require intermediaries such as banks or alternative financiers to guarantee payment and the delivery of goods.
Read moreStrategy for settlement negotiation in IP infringement cases
After discovery of infringement, intellectual property (IP) right holders filing administrative complaint, civil litigation, or taking other right-defending measures usually intend to ask the infringing party to cease infringement and compensate for their losses. Apart from pursuing the case through regular legal proceedings, right holders also have another option: Negotiate with the infringing party for a settlement.
Read moreGovt pushes for dispute resolution panel to resolve oil, gas wrangles
New Delhi, Nov 15 (PTI) With an overhang of disputes choking investments in the oil and gas sector, the government is pushing for contractual wrangles being sent to an expert committee for time-bound resolution but the move has found few takers due to inherent conflict of interest in such a process, sources said.
Read moreEffects of Body Language in Negotiations
Charlie Chaplin was one of the most successful actors and a pioneer of non-verbal communication. He used body language to connect with his audience. During negotiations, a negotiator constantly questions what expressions, gestures or posture to use next, which will result in giving a positive impression to the opposite negotiator. The body constantly gives signals consciously or unconsciously; it cannot be turned off or resisted. A negotiator should see the hidden intention behind the words through verbal communication and understand the deception or honest opinion through non-verbal communication. To understand and interpret the non-verbal communication correctly and to the benefit of the negotiator, proper training will help the negotiator slowly improve such skills. This will help the negotiator to communicate effectively and efficiently
Read moreDivorces and commercial disputes to rise due to coronavirus says Dundee firm
Solicitors expect the amount of commercial disputes to increase in the wake of the Covid-19 pandemic – but lack confidence the courts are sufficiently prepared to deal with the backlog of cases, according to a new survey.
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