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Gaffin v. Schumacher Homes of Cincinnati, Inc. 2013 Ohio 992 (Ohio Ct. App., Clermont County, Mar. 18, 2013)
Monday, May 20, 2013 8:00 PM
A recent case by the Twelfth Appellate District Court confirms that an arbitration clause in one contract document may apply to claims based on other
Financial services legislative and regulatory issues update May 20
Sunday, May 19, 2013 8:00 PM
The conflation of three scandals clearly tainted President Obama with The Washington Post’s “Worst Week in Washington” award last week, and in fact
U.S. Chamber of Commerce files amicus brief on arbitration issues in key California Supreme Court case
Sunday, May 19, 2013 8:00 PM
In the wake of AT&T Mobility LLC v. Concepcion, the California Supreme Court granted review in three cases involving significant arbitration issues
Is your contractual arbitration clause "unconscionable" and thus unenforceable?
Saturday, May 18, 2013 8:00 PM
The Washington Supreme Courtin Gandee v. LDL Freedom Enterprises, Inc., 176 Wn.2d 598 (2013)recently examined the validity and enforceability of a
Health and safety trumps employee’s seniority
Friday, May 17, 2013 8:00 PM
In a recent decision, an Ontario arbitrator has upheld the dismissal of a grievor with 37 years of service for repeated violations of the company's
Cert petition in the BG v Argentina case: no support from the US Solicitor General
Thursday, May 16, 2013 8:00 PM
In the latest development in Argentina's challenge of the BG Group v Argentina arbitral award, the United States Solicitor General ("SG") has argued
The arbitration decision
Thursday, May 16, 2013 8:00 PM
Although public policy generally favors the enforcement of arbitration agreements, Kentucky courts historically have faced unique jurisdictional
Set your co-worker on fire? It may not be cause for dismissal
Thursday, May 16, 2013 8:00 PM
Dryco Drywall Supplies Ltd. v Teamsters Local Union 213 is an important reminder to employers that even extreme acts of workplace misconduct may
Appeal court rules on serving arbitration notice by email
Wednesday, May 15, 2013 8:00 PM
The Lagos Court of Appeal recently ruled that serving an arbitration notice by email constitutes 'effective service' of the arbitration notice under
National Centre for International Arbitration commences operations
Wednesday, May 15, 2013 8:00 PM
Article 159 of the Constitution 2010 states that alternative forms of dispute resolution shall be promoted in Kenya - including reconciliation
Federal Circuit refuses to enjoin international arbitration of patent claims
Wednesday, May 15, 2013 8:00 PM
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute. In
Liechtenstein's evolving arbitration regime
Wednesday, May 15, 2013 8:00 PM
In recent years the arbitration regime has been revised in order to enhance Liechtenstein's attractiveness as a venue for arbitration
Patent watch: Sanofi-Aventis Deutschland GMBH v. Genentech, Inc.
Wednesday, May 15, 2013 8:00 PM
U.S. courts have the power to enjoin parties from pursuing litigation before foreign tribunals. "In evaluating a request for an anti-suit
Roundup of appellate arbitration decisions
Wednesday, May 15, 2013 8:00 PM
Mandell v. Reeve, No. 11-5238 (2d. Cir. Feb. 4, 2013) (affirming district court’s confirmation of arbitration award and denial of petition to vacate
National public order. Adoption of the draft
Wednesday, May 15, 2013 8:00 PM
The Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter - SCC RF) adopted by the Informative Letter No. 156 dated the
South Carolina General Assembly approves new mediation regulations for workers' compensation cases
Tuesday, May 14, 2013 8:00 PM
On Monday, the South Carolina General Assembly approved new mediation regulations for workers' compensation cases, which will take effect after
Mind games: distinguishing between mood problems and mental disorders when disciplining employees
Tuesday, May 14, 2013 8:00 PM
It is trite law that employers cannot discriminate against employees based on mental disabilities. The broad interpretation that courts and
Improving consumer protection on a European level
Tuesday, May 14, 2013 8:00 PM
Consumer rights have received further support with the announcement that the UK will adopt the proposed Directive on Alternative Dispute Resolution
New EU rules on online and alternative dispute resolution a winwin?
Tuesday, May 14, 2013 8:00 PM
On 22 April 2013, the Council of the European Union (the "Council") adopted a regulation on online dispute resolution ("ODR") and a directive on
EU adopts new alternative dispute resolution (ADR) directive & other measures
Tuesday, May 14, 2013 8:00 PM
The European Council has in late April 2013 adopted two key legislative measures regarding dispute resolution. This includes a Directive on
Tenth Circuit holds underlying securities claims interrelated
Monday, May 13, 2013 8:00 PM
In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the
Substantive fairness overcomes elements of procedural unconscionability in mandatory arbitration agreement
Monday, May 13, 2013 8:00 PM
In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in
Proposed amendments to Hong Kong’s arbitration ordinanceMacao: the missing piece
Monday, May 13, 2013 8:00 PM
The Arbitration (Amendment) Bill 2013 (the "Bill") was gazetted by the government of the Hong Kong Special Administrative Region ("Hong Kong") on
Postscript: to compel under the FAA or the MAA? That is the question . . . With an answer
Monday, May 13, 2013 8:00 PM
In a previous post, I argued that in order to compel arbitration in Minnesota, an employer must attempt to come within the purview of the Federal
STB seeks to expand use of arbitration and mediation
Monday, May 13, 2013 8:00 PM
On May 13, 2013, the Surface Transportation Board (STB) issued a decision adopting revised regulations regarding arbitration and mediation procedures
Self described “happy drunk” with sleep apnea was not disabled: adjudicator
Monday, May 13, 2013 8:00 PM
"Not every ailment amounts to a disability", an adjudicator has held, in dismissing an employee's grievance. Employers who often wonder what types of
“Reasonable endeavours” and “suspension of services”
Monday, May 13, 2013 8:00 PM
This was an application for leave to appeal against an arbitration award in relation to a dispute arising out of Morris’ decision to suspend
New FIDIC guidance: should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become ‘final’?
Sunday, May 12, 2013 8:00 PM
The standard FIDIC form of contract contains a tiered dispute resolution provision (clause 20). The first step is a referral of a dispute to a
Arbitration Fairness Act reintroduced
Sunday, May 12, 2013 8:00 PM
A bill that would significantly restrict the ability for employers to arbitrate employment disputes was reintroduced in the House and Senate last
Myanmar signs the New York Convention: additional investment protection
Sunday, May 12, 2013 8:00 PM
Since the change of regime in March 2011, the government of Myanmar has sought to promote foreign investment, leading to wide-ranging changes to the
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