On 27 October 2020 the Italian Council of Ministers approved the Law Decree no. 137/2020 on “Further urgent measures regarding health protection, support for workers and businesses, justice and safety, related to the epidemiological emergency from COVID-19” (the so-called Ristori Decree), which was published in the Official Gazette on 28 October 2020 and came into force on 29 October 2020.
The Ristori Decree sought to provide “refreshments” for the economic sectors affected, directly or indirectly, by the new series of restrictive measures imposed by Prime Ministerial Decrees of 13, 18 and 24 October 2020, to contain the worsening of the pandemic in Autumn 2020. It should be pointed out that the Decree may be subject to amendments by the Parliament at the time of its conversion into law.
Read moreIn 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 moreThe Consolidated Appropriations Act, 2021, signed by President Trump on December 27, 2020, included within its over 5,900 pages the controversial and long-debated No Surprises Act (the Act), addressing surprise medical bills. The Act seeks to protect patients from unexpected medical bills for out-of-network services they receive, and also establishes an arbitration system for resolving billing disputes between out-of-network health care providers and payers. The Act takes effect on January 1, 2022, and it is anticipated that regulations will be adopted to clarify a number of provisions in the Act prior to that time. New Jersey health care providers and insurers are already subject to the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the New Jersey Act), which was passed by the state legislature and signed by Governor Murphy in 2018, and is similar in several significant aspects to the federal Act. This alert will review the patient protection and payer-provider billing dispute procedures of the new federal Act, compare them to the New Jersey Act and discuss how providers have fared under the arbitration process established by the New Jersey Act.
Read moreThe article “Businesses look at cutting Hong Kong from contracts over fears for rule of law” (Report, February 1) unfortunately illustrates an incomplete picture of Hong Kong. Notwithstanding the violence in 2019, statistics from one of the arbitral institutions in Hong Kong, the Hong Kong International Arbitration Centre (HKIAC), show that the number of arbitration cases handled in Hong Kong last year actually increased, with 318 new cases, the highest number since 2009.
The article “Businesses look at cutting Hong Kong from contracts over fears for rule of law” (Report, February 1) unfortunately illustrates an incomplete picture of Hong Kong. Notwithstanding the violence in 2019, statistics from one of the arbitral institutions in Hong Kong, the Hong Kong International Arbitration Centre (HKIAC), show that the number of arbitration cases handled in Hong Kong last year actually increased, with 318 new cases, the highest number since 2009.
Read moreOn December 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law. The Act included a measure entitled the “No Surprises Act” to restrict medical providers from sending consumers surprise medical bills.
Once the Act goes into effect in 2022, consumers will not receive balance bills for the following:
Emergency care;
Transport by air ambulance; or
Non-emergency care at an in-network facility, when patients are unknowingly treated by an out-of-network doctor or lab
In these situations, consumers would only be responsible for paying their deductibles and co-payments per the terms of their in-network health insurance plans. Under the Act, medical providers are prohibited from making patients responsible for the difference between their deductibles/co-payments and any higher fees that the provider wants to charge.
Read moreClients and lawyers often consider negotiation or litigation to be their only options for resolving intellectual property (IP) disputes. While IP arbitration is on the rise, there is still a tendency to view these processes as alternatives to one another. A much broader range of processes can and should be considered to resolve IP disputes in most situations. While seasoned IP practitioners tend to focus on adjudicative processes (e.g., litigation and arbitration), non-adjudicative processes can help reduce the time and cost to outcome, improve settlement rates, preserve business relationships and provide higher satisfaction ratings. These non-adjudicative processes may be non-evaluative (e.g., mediation) or evaluative (e.g., conciliation or expert determinations). The inclusion of non-adjudicative processes (particularly mediation) in conjunction with adjudicative processes is likely to lead to significantly faster, cheaper and better outcomes, with higher compliance and satisfaction ratings in over 90 per cent of IP disputes, both in domestic and international matters. It should be considered in all IP disputes.
Read moreThey say that in real estate the key is “location, location, location.” It could certainly be argued that in mediation the parallel is “Timing, timing, timing.” I have fallen into the trap of having a couple come to me for mediation and agree to start the process but then not following up with them about the issue of timing. That is, were they prepared to start the mediation process? Were they ready to divorce? And, were they ready to have difficult conversations? I simply assumed that they were both ready to “proceed.” You know what they say about assumptions. I have come to learn and believe that in every case, whether it seems obvious or not, we should inquire about the issue of the parties’ readiness and the timing/pace of the mediation and maybe even go so far as to get an informal agreement from the parties about the pace at which they want to proceed. This may be easy and straightforward or it may be the first difficult issue the parties address. Sweeping it under the carpet will only come back to bite you and your clients.
Read moreAn agreement to submit to non-binding arbitration is not an enforceable arbitration agreement under the English Arbitration Act 1996. The court dismissed an application for stay of English court proceedings under s9, citing absence of a valid arbitration agreement between the parties. The court held that an arbitration agreement must provide for a binding determination of disputes: IS Prime Ltd v (1) TF Global Markets (UK) Ltd (2) TF Global Markets (AUST) PTY LTD (3) Think Capital Ltd(2020) [2020] EWHC 3375 (Comm)
Read moreThere is no shortage of disputes in which patent holders may find themselves embroiled. ‘Trolls’ challenge the patent’s validity in an attempt to extort rent.[2]The oft-used practice of ‘evergreening’ comes under scrutiny for artificially extending patent exclusivity.[3] Resolution of disputes such as these typically revolves around purely patent law concepts, such as utility, obviousness or prior art enablement. The same concepts, as well as contractual issues, are also at the heart of patent-based commercial arbitrations in instances where the dispute involves licensees, as discussed in other chapters.
Read moreInternational 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 moreWhen drafting dispute resolution provisions, parties would do well to keep in mind the maxim ‘an ounce of prevention is worth a pound of cure’. Clear and thoughtful drafting helps to ensure the parties’ chosen method (or methods) for resolving disputes will function as the parties intended, is effective and maximises the likelihood that any disputes will be resolved in a timely and cost-effective manner. Poor or imprecise drafting risks the opposite because it invites arguments over the scope and operation of provisions and diverts resources away from resolving the merits of the disputes these provisions were supposed to settle.
Read moreEntering into international contracts online is now a commercial fact of life. These contracts can be simple, such as the purchase of a pair of jeans by a consumer, or more complex service agreements between sophisticated legal entities. In both cases, it is customary now to ‘tick’ or ‘click’ a box to accept a set of terms and conditions, which may become binding whether or not they have in fact been read. These terms and conditions may also include a clause referring disputes to binding arbitration in a foreign country.
Read moreIn this vein, several arbitral institutions’ rules impose what is known as the “gold standard”, requiring arbitrators to disclose interests which might lead not only to actual bias, but also to the appearance of bias. However, in the recent case of Halliburton v Chubb, the English Supreme Court has emphasised the need to balance disclosure and confidentiality, and has recognised the variety of custom and practice in relation to disclosure among various industries’ arbitral bodies.
Read moreOnce parents have moved beyond the realms of court proceedings, it is important to consider how they can develop healthy channels of communication for the benefit of the child(ren) involved and to support healthy coparenting. Continuing child arrangements necessitate a reasonable level of communication between separated parties.
It is common to have concerns regarding contact arrangements, particularly where such arrangements did not exist previously. The restrictions on movement introduced as a result of the Covid-19 pandemic can causes some added strain. However, it is important that children are able to have a healthy relationship with both parents and that both parents are able to effectively manage plans between two households. A number of platforms, accessible on the internet and also as via mobile apps, have now been introduced which are intended to help facilitate coparenting and supporting better relationships.
Read moreOn January 29, 2021, Canada and the European Union (EU) adopted four decisions related to the investor-state dispute resolution body established under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) which move the parties one step closer to a fully fledged "investment court" system for the adjudication of investor-state disputes.
Read moreSir Geoffrey Vos, Chancellor of the High Court, has announced that the UK Jurisdiction Taskforce of the Lawtech Delivery Panel (now known as Lawtech UK) will launch a public consultation on the introduction of a standard form English law and jurisdiction dispute resolution process and accompanying clause to be included in smart contracts and blockchain engagements.
Read moreCONCORD, 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 moreA 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 moreMediation. Arbitration. Conciliation. Three words that sound alike and come up frequently in the family law context but have different meanings and implications. I could write a blog post on each one, but here is the “down and dirty” on what you need to know about each one so you can talk intelligently with either your spouse or a lawyer and do not get tripped up along the way.
Read moreEmergency medicine groups face several changes this year, including a new federal ban on surprise medical billing, updates to the Medicare reimbursement formula, changes to the CMS MIPS program, and new billable services. Below is a summary of these changes provided by the experts at Brault Practice Solutions.
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