The claims were brought in international arbitration as provided for in the ECT. In this case, the arbitrations were conducted under the International Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention) and ICSID Arbitration Rules.
Read moreIndia: Arbitrations By Unilaterally Appointed Arbitrators: In Jeopardy?
The Arbitration and Conciliation Act 1996 ('A&C Act') was amended by the Arbitration and Conciliation (Amendment) Act 2015 ('Amendment Act'). Apart from other changes, the Amendment Act amended §12 of the A&C Act and introduced the 5th, 6th, and 7th Schedule with the objective of securing the impartiality of arbitrators and improving the legitimacy of the arbitration process in India.
Read moreThe Court of Arbitration for Sport options that could speed up Man City appeal case against UEFA
A date is yet to be set for Manchester City’s appeal against their Champions League ban at the Court of Arbitration for Sport
Read moreUnderstanding ‘Collaborative Divorce’
When thinking about divorce, we often equate it with the legal process, divorce court and divorce lawyers. But divorce, is obviously much more than a legal process. Divorce is a multi-dimensional transition which impacts not just the law, but also the family’s finances, emotions and parenting. It is for that reason that in a collaborative divorce, divorcing spouses have at their disposal, and are best served by, other professionals who bring expertise and assistance to the family beyond the lawyers.
Read moreFCL and Unifor await mediator’s report amid labor dispute
REGINA, Sask. – Carriers and workers at the Federated Co-operatives Ltd.’s (FCL) Regina Refinery could see an end to the labor dispute in the near future with 20 days of mediation now complete.
Read moreWayne County Dispute Resolution Center offers online mediation
“Being able to offer people an online means of resolving disputes is especially helpful during this critical time,” said Siham Awada Jaafar, president of WCDRC board of directors. “In keeping with recommendations by the Michigan Department of Health and Human Services (MDHHS), our staff is working remotely. We’ve currently postponed in-person programs and services until further notice.”
Read moreCasitas pulls out of mediation talks over Ventura River water adjudication
An Ojai Valley water district has pulled out of mediation talks with the city of Ventura and others after months of negotiation over water rights.
Those talks started after the city of Ventura filed a cross-complaint in response to a 2014 lawsuit over its own pumping from the Ventura River. Santa Barbara Channelkeeper had filed the lawsuit, alleging the city of Ventura was taking too much water from the river, hurting habitat for steelhead trout and other wildlife.
Read moreArbitrations By Unilaterally Appointed Arbitrators: In Jeopardy?
The Arbitration and Conciliation Act 1996 ('A&C Act') was amended by the Arbitration and Conciliation (Amendment) Act 2015 ('Amendment Act'). Apart from other changes, the Amendment Act amended §12 of the A&C Act and introduced the 5th, 6th, and 7th Schedule with the objective of securing the impartiality of arbitrators and improving the legitimacy of the arbitration process in India.
Read moreThe politics of mediation
US President Donald Trump in India recently reiterated his desire to mediate the Kashmir dispute between India and Pakistan.
Read moreMexico Wants To Stop the Crude Oil Price War
Mexican Finance Minister Arturo Herrera cited his country's past record in helping mediate prior disagreements between major oil states, as well as an economy that's less exposed to oil prices. According to Herrera, his country is already looking at potential channels to start discussions between the warring factions.
Read morePeter Cappelli: A pushback on mandatory arbitration
Employers and businesses of all kinds understandably do not like to be sued. It is a time-consuming and expensive process, even if you end up winning. Because of that, defendants often believe that plaintiff lawyers will pursue cases against them even if those lawyers do not think they will win their cases in hopes that the defendants will pay up just to avoid going to court. It is not surprising, therefore, that employers and businesses would do what they can to avoid being sued.
Read moreB.C. Court rules in favour of Amazon arbitration clause
While Heller v. Uber Technologies Inc. awaits conclusion at the Supreme Court of Canada, a B.C. court has stayed a proposed class proceeding brought against Amazon, which was based on an arbitration clause mandating arbitration in the U.S.
In Heller, The Ontario Court of Appeal overturned a stay of a proposed class action, finding the arbitration clause unconscionable. In Williams v. Amazon.com, Inc., plaintiff John Williams argued his facts were similar to Heller but failed to persuade Justice Karen Horsman of the B.C. Supreme Court.
Read moreCourt appears divided over whether police records should be destroyed
The Illinois Supreme Court on Tuesday appeared split on whether a 40-year-old provision that requires the city of Chicago to destroy police misconduct records could be squared with both state labor and public information laws.
The provision, which holds that “all disciplinary investigation records” should be destroyed five years after their filing, stems from the police officers’ collective bargaining agreement reached with the city in 1981.
Read moreEnglish Courts Decline To Give Order For Taking Of Evidence From Non-Party To Arbitration Agreement
The English High Court recently decided in A and another v. C and Others [2020] EWHC 258 (Comm) ("A v C") that it did not have jurisdiction under s44(2)(a) of the English Arbitration Act ("the Act") to issue a coercive order compelling a non-party to an arbitration agreement to give evidence in support of arbitration proceedings seated in New York
Read moreJudge Rules Church of Scientology’s Leader Never Served With Lawsuit Papers
Lawyers for the plaintiffs, who filed an amended suit on Feb. 28, told the judge they will try again to serve Miscavige.
Meanwhile, a hearing on the church’s motion to force the plaintiffs into arbitration, scheduled for hearing on March 18, was canceled in the wake of the amended complaint.
Read moreWhen the appointment of a sole arbitrator is invalid
HSCC argued that the application was groundless as a sole arbitrator had already been appointed and the Supreme Court could not appoint an arbitrator as the dispute was not an international commercial arbitration.
Read moreFederal Judge Sends Nintendo Class Action Suit To Arbitration
Back in July last year, law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP filed a class-action lawsuit against Nintendo. The original class-action lawsuit concerned Joy-Con controller drift on Nintendo's Switch console, which the plaintiffs said Nintendo knew about and did not sufficiently prevent. Naturally, the Japanese gaming giant requested to have the suit dismissed. That request has been rejected by US District Judge Thomas S. Zilly.
Read moreMediation attempt in clergy abuse cases set for May
Another attempt at mediation in the ongoing series of clergy sex abuse cases has been tentatively scheduled for early May, according to attorney Delia Lujan Wolff, whose firm is representing about half of the more than 250 claimants.
Read moreWorldwide: New Year, New Views – Arbitration Highlights In The Year Of The Rat
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England.
In the decisions, the courts got to grapple with fundamental issues such as governing law, the arbitral seat, the limitation period for commencement of arbitration, and when it might be appropriate to grant an anti-suit injunction restraining court proceedings in another jurisdiction. Please click on the links highlighted to access full case summaries.
Read moreResolving Medical Malpractice Matters - Positive Outcomes Through Mediation
There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical malpractice claims, the atmosphere at these hearings can be tense, and negotiations can be emotionally charged. What follows illustrates the importance of understanding the nuances of medical malpractice matters whether one is an advocate or a neutral seeking to assist the parties to reach a settlement.
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