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Arbitration formalities in Nepal
A brief overview of the basics of arbitration in Nepal, including formalities and procedural requirements
Conducting litigation in Nepal
An overview of the procedures and practical considerations of litigation in Nepal, including limitation issues, case management, submission of evidence and available remedies
Dispute resolution in Nepal
A structured guide to dispute resolution in Nepal, including litigation, arbitration and other forms of ADR
New Era for International Dispute Resolution?
A common issue for New Zealand companies engaging in international trade and dealing with foreign counterparties is how and where to resolve disputes
Curbing Food and Cosmetic Class Actions Through Arbitration, Dispute Resolution and Class-Action Waivers
The volume of food and cosmetic class actions has exploded. Despite manufacturers tamping down their marketing programs, plaintiffs always seem to be
Pay heed to tiered dispute resolution clauses
The High Court has upheld a tiered dispute resolution clause in accordance with established principles of contractual interpretation. The court
Arbitration formalities in Philippines
A brief overview of the basics of arbitration in Philippines, including formalities and procedural requirements
Conducting litigation in Philippines
An overview of the procedures and practical considerations of litigation in Philippines, including limitation issues, case management, submission of evidence and available remedies
Dispute resolution in Philippines
A structured guide to dispute resolution in Philippines, including litigation, arbitration and other forms of ADR
California Employment Law Notes
In the most recent chapter of the ongoing saga regarding the enforceability of arbitration agreements in California, the California Supreme Court has
TIERED DISPUTE RESOLUTION CLAUSES why you should use them and how to make sure they work
Given the significant levels of early international support for the Singapore Mediation Convention and the growing popularity (and success) of
District court stays action to confirm foreign arbitral award under New York Convention after finding state-owned entity subject to court’s jurisdiction under FSIA
Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., No. C18-1360-TSZ (W.D. Wash. Apr. 16, 2019) Devas Mutlimedia Private Ltd. (“Devas”) brought an
A question of construction - Hong Kong court rules that arbitration clause in head contract was not incorporated into sub-contract
The question of whether an arbitration clause has been successfully incorporated into a contract is one that has come before the courts regularly
Lessons in Drafting and Implementing an Enforceable Mandatory Arbitration Agreement
Recently, the California Supreme Court invalidated a mandatory arbitration agreement in OTO, LLC v. Kho (August 29, 2019) finding the agreement was
Wage Claims After OTO v. Kho: Are Arbitration Agreements Enforceable?
The California Supreme Court recently addressedagainthe enforceability of an arbitration agreement of an employee who sought to recover
The language of the proceedings in arbitration
As opposed to the case where national proceedings are concerned (Section 184 GVG German Court Constitution Act), a specific language is not
Construction Dispute
High level of complexity Generally, a construction dispute involves several issues. For example:
California Supreme Court Rejects Workplace Arbitration Agreement
Continuing the trend of California decisions rejecting arbitration of workplace disputes, the California Supreme Court recently rejected an
Arbitration Under Attack: New Bill Aims To Curb Contractual Rights To Arbitration.
By their very nature, many TCPA suits end up in arbitration, particularly when a bank or other financial institution is involved. This serves benefits
Becoming an adjudicator under the Ontario Construction Act
The Authorized Nominating Authority under the Ontario Construction Act is now Ontario Dispute Adjudication for Construction Contracts
Arbitration Agreements 101: they require - you guessed it - agreement.
The Eighth Circuit has issued a reminder to those seeking to bind employees and consumers to arbitrate future disagreements: don’t gloss over
Third Circuit Opinion Involving Uber Only Adds More Questions to the Dispute Over the Scope of the FAA Section 1 Residual Clause
Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods, but will those
No Filter: Terminating an Employee for Social Media Posts - Part 2
Prior to the advent of social media and especially the MeToo movement, employers were generally comfortable drawing a bright line between what
Applying Epic Systems, The NLRB Adopts Employer-Friendly Arbitration Stance
As previously detailed here, the U.S. Supreme Court’s 2018 Epic Systems decision established that requiring employees to waive their right to pursue
International Neutral Fred G. Bennett, Esq., Joins JAMS
JAMS, the largest private provider of alternative
Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk
Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively
Mandatory Arbitration: The Next Frontier for ERISA Retirement Plans?
On August 20, 2019, a Ninth Circuit panel in Dorman v. Schwab, No. 18-15281, reversed the district court’s denial of Schwab’s motion to
The New Hague Convention on Enforcement of Foreign Judgements
Many cross-border transactions require complex contract drafting in order to reflect the will of the parties and comprise the dynamic of two or more
Supreme Court holds government cannot seek preference while seeking stay on enforcement
In Pam Developments Private Ltd v State of West Bengal the Supreme Court considered whether an unconditional stay can be granted under Section 36 of
UAE Federal Supreme Court Rules on Double-Exequatur Requirement for Arbitral Awards
In January 2019, the Federal Supreme Court (FSC) ruled on whether a double-exequatur requirement was necessary for the enforcement of an arbitral