arbitration Montreal dockworkers' union to challenge minister's binding arbitration decision By www.cbc.ca Published On :: Wed, 13 Nov 2024 11:28:12 EST The union representing Montreal dockworkers is planning a legal challenge of the federal labour minister's decision to end lockouts at ports by sending the disputes to binding arbitration. Full Article News/Canada/Montreal
arbitration Erez Law, PLLC, Obtains $14.2 Million FINRA Arbitration Award for Florida Investors Wronged by Broker's Structured Note Recommendations By www.24-7pressrelease.com Published On :: Fri, 11 Oct 2024 08:00:00 GMT Jeffrey Erez, the Miami-based law firm's managing partner, reports that more than a dozen similar customer complaints are pending against Stifel, Nicolaus & Co., Inc., to recover losses allegedly caused by the actions of broker Chuck A. Roberts. Full Article
arbitration Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
arbitration Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked… Full Article
arbitration Adjuster Claims Handling, Settlement, Arbitration and Mediation By ww3.workcompcentral.com Published On :: Mon, 01 Feb 2016 10:23:45 -0800 Presented in Partnership with Adelson, Testan, Brundo, Novell & Jimenez. Discussion will include: - Judicial Litigation Tips (Death Benefits, Penalties, Sanctions, Other Remedies) - Ethics - Claims Handling - Subrogation - Settlements - Arbitration -… Full Article
arbitration Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable By www.littler.com Published On :: Thu, 27 May 2021 15:30:19 +0000 Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary. At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot. Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th Full Article
arbitration Supreme Court of Puerto Rico Validates Implicit Consent for Arbitration Agreements in the Employment Context By www.littler.com Published On :: Fri, 12 Nov 2021 20:12:07 +0000 In Aponte Valentín v. Pfizer Pharmaceuticals, CC-2018-748,1 the Puerto Rico Supreme Court reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for such agreements. Full Article
arbitration Congress Passes Bipartisan Arbitration Limitation By www.littler.com Published On :: Fri, 11 Feb 2022 23:22:55 +0000 Update: This bill was signed into law on March 3, 2022. Full Article
arbitration Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies By www.littler.com Published On :: Wed, 27 Apr 2022 14:34:41 +0000 Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this Insight, we provide an overview of key trends in these awards. Full Article
arbitration Key trends in arbitration awards pertaining to mandatory vaccines By www.littler.com Published On :: Thu, 05 May 2022 17:12:53 +0000 Rhonda B. Levy and Barry Kuretzky provide an overview of key trends in arbitration awards in Ontario and British Columbia since fall 2021 that have considered issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. Human Resources Director Canada View (Subscription required.) Full Article
arbitration Supreme Court Permits Arbitration of Individual PAGA Claims By www.littler.com Published On :: Fri, 17 Jun 2022 13:27:17 +0000 The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).1 This decision, which is a significant win for employers with interests in California, will allow employers to compel arbitration of a PAGA plaintiff’s individual PAGA claims. Full Article
arbitration Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision By www.littler.com Published On :: Fri, 15 Jul 2022 19:45:07 +0000 On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration. The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being awarded any relief he might be entitled to under Oregon’s wage and hour statutes, the arbitration provision was not unconscionable and therefore enforceable. Background Full Article
arbitration Oregon Supreme Court Affirms Enforceability of Arbitration Provision By www.littler.com Published On :: Tue, 26 Jul 2022 16:21:21 +0000 Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements. SHRM Online View (Subscription required.) Full Article
arbitration Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California By www.littler.com Published On :: Fri, 17 Feb 2023 22:11:33 +0000 Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code. Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.” Full Article
arbitration U.S. Immigration Laws and the Peril of Using the United States as a Venue for International Arbitration Proceedings By www.littler.com Published On :: Fri, 24 Mar 2023 21:40:05 +0000 Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or expert witness in an arbitration proceeding. International Law Quarterly View Full Article
arbitration California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court By www.littler.com Published On :: Tue, 18 Jul 2023 22:11:01 +0000 The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims. Full Article
arbitration California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments By www.littler.com Published On :: Mon, 14 Aug 2023 21:16:32 +0000 On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement. In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment. Full Article
arbitration California's Mandatory Arbitration Ban Is Permanently Halted By www.littler.com Published On :: Wed, 24 Jan 2024 17:14:59 +0000 Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. XpertHR View Full Article
arbitration The ACLU: Champion of Individual Arbitration? By www.littler.com Published On :: Mon, 25 Mar 2024 17:50:35 +0000 Alexander MacDonald discusses a case in which the ACLU, sharp critic of arbitration, is arguing that individual arbitration plays a “fundamental role” in protecting labor rights. The Federalist Society View Full Article
arbitration U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies By www.littler.com Published On :: Mon, 15 Apr 2024 21:47:00 +0000 On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of workers who are actively engaged in interstate transportation, even if the individuals are not employed by a company in the transportation industry (the “Transportation Exemption”). Full Article
arbitration Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts By www.littler.com Published On :: Tue, 23 Apr 2024 21:40:41 +0000 Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v. Full Article
arbitration Arbitration Bill Legislative Consent Memorandum: Department of Justice By aims.niassembly.gov.uk Published On :: Thu, 24 Oct 2024 00:00:00 GMT Room 30, Parliament Buildings Full Article Committee for Justice
arbitration NFL Arbitration–“A Secret, Rigged, Kangaroo Court” By indisputably.org Published On :: Thu, 25 Jul 2024 14:45:27 +0000 I was delighted to join an amicus brief filed last week by Professor Imre Szalai in the Flores v NFL (and several teams) bemoaning the current state of the NFL arbitration system where Commissioner Roger Goodell has the final say. You might recall that former coach Brian Flores has sued several NFL teams for racial … Continue reading NFL Arbitration–“A Secret, Rigged, Kangaroo Court” → Full Article General
arbitration Disney+ to Disney World “Infinite” Arbitration Clause By indisputably.org Published On :: Wed, 14 Aug 2024 18:54:09 +0000 Some of you may have seen the news articles (e.g., here and here) in the past day or so reporting on a motion to compel arbitration brought by Disney lawyers in a Florida state court wrongful death case. The widow of a woman who suffered a fatal allergic reaction at a Disney World restaurant is … Continue reading Disney+ to Disney World “Infinite” Arbitration Clause → Full Article General
arbitration American Arbitration Association, Suffolk Law and ODR.com Launch Online Dispute Resolution Innovation Clinic By indisputably.org Published On :: Thu, 15 Aug 2024 17:14:35 +0000 Partnership aims to transform access to family law dispute resolution for underserved communities The American Arbitration Association and Suffolk University Law School are launching a pioneering Online Dispute Resolution (ODR) Innovation Clinic. This initiative combines Suffolk Law’s expertise in legal technology and clinical education with the AAA’s leadership in alternative dispute resolution innovation, technology, and … Continue reading American Arbitration Association, Suffolk Law and ODR.com Launch Online Dispute Resolution Innovation Clinic → Full Article General
arbitration International Arbitration: Exploring India’s Potential By www.chathamhouse.org Published On :: Thu, 17 Oct 2019 15:05:02 +0000 International Arbitration: Exploring India’s Potential 15 November 2019 — 9:30AM TO 5:30PM Anonymous (not verified) 17 October 2019 Chatham House | 10 St James's Square | London | SW1Y 4LE As India’s economic clout grows, so does its aspiration to become a favoured arbitration destination in a globalized world dominated by foreign investments flows and cross border transactions. India’s bid to enhance its status as an arbitration destination depends largely on the suitability of its legal environment in meeting the demands of an increasingly sophisticated approach to disputed resolution. This conference will assess these, and other related, issues. To register your interest in attending this event, please contact Nisha Ramdas by phone +91 9650977833 or by e-mail nisha@globaldialoguereview.com. Full Article
arbitration Labour minister sends ports dispute to binding arbitration, orders end to lockouts By www.cbc.ca Published On :: Tue, 12 Nov 2024 10:26:05 EST Labour Minister Steven MacKinnon has sent labour disputes at ports in Quebec and British Columbia to binding arbitration and has ordered people back to work after the disputes reached what he called a "total impasse." Full Article News/Politics
arbitration Tax-News.com: US-Swiss Agreement Published On Mandatory Binding Arbitration By www.tax-news.com Published On :: Mon, 31 Aug 2020 00:00:00 GMT The US Internal Revenue Service (IRS) has released the text of an arbitration agreement between the US and Switzerland, in Internal Revenue Bulletin 2020-35, published August 24. Full Article
arbitration Tax-News.com: US-Swiss Agreement Published On Mandatory Binding Arbitration By www.tax-news.com Published On :: Mon, 31 Aug 2020 00:00:00 GMT The US Internal Revenue Service (IRS) has released the text of an arbitration agreement between the US and Switzerland, in Internal Revenue Bulletin 2020-35, published August 24. Full Article
arbitration Reliance Industries Partners Consider Joining Arbitration In $1.55 Bn Gas Row By www.siliconindia.com Published On :: Reliance Industries' partners are considering joining the arbitration that the Mukesh Ambani-run firm is planning to initiate against the government for slapping a $1.55 billion demand for "unfairly enriching" by producing natural gas Full Article
arbitration Canada's Labour Minister Orders Binding Arbitration to End Port Lockouts in Vancouver and Montreal By www.oneindia.com Published On :: Wed, 13 Nov 2024 00:00:26 +0530 Canada's Labour Minister intervenes to end port lockouts, directing binding arbitration to resume operations at Vancouver and Montreal ports. Full Article
arbitration International Commercial Arbitration Review [Вестник Международного Коммерческого Арбитража] [electronic journal]. By encore.st-andrews.ac.uk Published On :: Kluwer Law International Full Article
arbitration Singapore Arbitration Centre to open office at GIFT City By www.thehindu.com Published On :: Fri, 03 Jun 2016 00:00:00 +0530 The Arbitration and Conciliation Act lays down a time frame of 18 months for the disputes to be resolved. Full Article Mumbai Capital
arbitration Effects of SEBI outsourcing arbitration By www.thehindubusinessline.com Published On :: Mon, 04 Nov 2024 21:17:37 +0530 The arbitrators who were previously assigned arbitration work are now being assigned conciliation work as well, albeit with a lower fee Full Article Opinion
arbitration India cuts arbitration time for foreign investors By www.rediff.com Published On :: India has reduced the time period for foreign investors to seek international arbitration from five years to three years as part of the recently signed investment pact with the United Arab Emirates (UAE), a departure from its model Bilateral Investment Treaty (BIT). Full Article
arbitration South China Sea: The Result of the Arbitration By feedproxy.google.com Published On :: Tue, 05 Jul 2016 14:00:01 +0000 Invitation Only Research Event 18 July 2016 - 9:30am to 10:30am Chatham House, London Event participants Professor Philippe Sands QC, Barrister, Matrix ChambersChris Whomersley, Deputy Legal Adviser, Foreign and Commonwealth Office (2002-14)Professor Julia Xue, Academy Senior Fellow, International Law Programme, Chatham HouseChair: Elizabeth Wilmshurst, Distinguished Fellow, International Law Programme, Chatham House The arbitration between the Philippines and China on the dispute in the South China Sea is coming to an end. The Permanent Court of Arbitration is to issue its decision on 12 July. This meeting will discuss the notable points of the tribunal’s award and the next steps. Attendance at this event is by invitation only. Department/project International Law Programme, China and the Future of the International Legal Order Chanu Peiris Programme Manager, International Law +44 (0)20 7314 3686 Email Full Article
arbitration $4.7-m deal with Swiss firm: SC sets aside arbitration award against Nafed By www.financialexpress.com Published On :: 2020-04-24T03:01:00+05:30 Nafed, a canalizing agency for the GoI, and Alimenta had entered into a contract for supply of 5,000 tonne Indian groundnut during1979-80. Full Article Industry
arbitration Arbitrary arbitration: Enforcing global awards is getting more complicated By www.financialexpress.com Published On :: 2020-04-27T02:01:00+05:30 “The export without permission would have violated the law, thus, enforcement of such award would be violative of the public policy of India”, the SC said. Full Article Opinion
arbitration Past is Prologue: The Future of US and UK Arbitration By www.eversheds.com Published On :: 2017-05-02 Much has been said and written about the UK public’s decision in June 2016 to leave the European Union and the November 2016 election of President Donald Trump. It seems obvious that these momentous events will have profound socio-economic con... Full Article
arbitration Reliance Industries Partners Consider Joining Arbitration In $1.55 Bn Gas Row By feedproxy.google.com Published On :: Reliance Industries' partners are considering joining the arbitration that the Mukesh Ambani-run firm is planning to initiate against the government for slapping a $1.55 billion demand for "unfairly enriching" by producing natural gas Full Article
arbitration CoreLogic Sanctioned Over $86,000 For Violating Court Orders Compelling Arbitration By www.24-7pressrelease.com Published On :: Fri, 10 Jan 2020 07:00:00 GMT The Court found that CoreLogic had "displayed a pattern of dilatory conduct," and had "willfully and unreasonably disobeyed" its orders. Full Article
arbitration Justice Department Concludes Historic Arbitration of a Merger Dispute By www.justice.gov Published On :: Fri, 06 Mar 2020 00:00:00 -0500 The Department of Justice this week concluded an arbitration that will resolve a civil antitrust lawsuit challenging Novelis Inc.’s proposed acquisition of Aleris Corporation. The lawsuit seeks to preserve competition in the North American market for rolled aluminum sheet for automotive applications, commonly referred to as aluminum auto body sheet. This marks the first time the Antitrust Division has used its authority under the Administrative Dispute Resolution Act of 1996 (5 U.S.C. § 571 et seq.) to resolve a matter. Full Article
arbitration Justice Department Wins Historic Arbitration of a Merger Dispute By www.justice.gov Published On :: Mon, 09 Mar 2020 00:00:00 -0400 The Department of Justice prevailed in a first-of-a-kind arbitration, which will resolve a civil antitrust lawsuit challenging Novelis’s proposed merger with Aleris Corporation. As a result, Novelis must divest Aleris’s entire aluminum auto body sheet operations in North America, which will fully preserve competition in this important industry. In addition, under the terms of the arbitration agreement between defendants and the Department, Novelis must reimburse the Department for its fees and costs incurred in connection with the arbitration. Full Article
arbitration Arbitration of requests requiring a variable number of resources By www.freepatentsonline.com Published On :: Thu, 29 Jun 2017 08:00:00 EDT Arbitration circuitry is provided for arbitrating between requests awaiting servicing. The requests require variable numbers of resources and the arbitration circuitry permits the request to be serviced in a different order to the order in which they were received. Checking circuitry prevents a given request other than a oldest request from being serviced when a number of available resources is less than a threshold number of resources. The threshold number is varied based on the number of resources required for at least one other request awaiting servicing. Full Article
arbitration Angels right fielder Brian Goodwin wins arbitration case after breakout season By www.latimes.com Published On :: Wed, 19 Feb 2020 17:59:50 -0500 Brian Goodwin will make $2.2 million instead of the $1.85 million offered by the Angels after he convinced an arbitration panel he was worth the raise. Full Article
arbitration Cole wins arbitration case vs. Astros By mlb.mlb.com Published On :: Wed, 13 Feb 2019 14:49:54 EDT All-Star right-hander Gerrit Cole won his arbitration case against the Astros on Wednesday, meaning he will make $13.5 million this season. The team offerred $11.425 million, a difference of $2,075,000. Full Article
arbitration Wood wins arbitration case with Reds By mlb.mlb.com Published On :: Wed, 13 Feb 2019 17:04:25 EDT Reds left-hander Alex Wood won his arbitration case over the club on Wednesday. Wood will earn $9.65 million on his one-year contract this season. Cincinnati had offered $8.7 million. Full Article
arbitration Fossil Fuels Expert Roundtable: Managing Disputes and Arbitrations Involving the Extractive Sector in Africa By feedproxy.google.com Published On :: Mon, 01 Sep 2014 14:00:02 +0000 Invitation Only Research Event 30 September 2014 - 5:00pm to 6:30pm Chatham House, London Event participants Paula Hodges QC, Partner; Head, Global Arbitration Practice, Herbert Smith FreehillsStéphane Brabant, Partner; Chairman, Africa Practice Group, Herbert Smith Freehills Disputes between international companies and national governments commonly arise in the extractive industry where high expectations from producer countries often run alongside emotive issues of ‘ownership’ and ‘exploitation’. In 2013, Chatham House published the report Conflict and Coexistence in the Extractives Industries, examining the rising occurrence of long-running and expensive company-government disputes. Continuing the conversation, the speakers will share their personal insights regarding doing business in Africa's oil and gas sector and preparing for crisis situations. They will outline why they believe the effective management of any crisis is critical to achieving an early settlement and why arbitration is the best formal mechanism for resolving disputes in Africa. They will also discuss what the preconditions of success are, and how companies must adjust to new commercial and political realities when engaging with national companies. Attendance at this event is by invitation only. Department/project Energy, Environment and Resources Programme, Conflict or co-existence in extractive industries Owen Grafham Manager, Energy, Environment and Resources Programme +44 (0)20 7957 5708 Email Full Article
arbitration Fin24.com | Outdated laws hinder SA arbitration By www.fin24.com Published On :: Mon, 07 Jun 2010 17:03:48 +0200 South Africa's lack of up-to-date legislation makes it difficult to promote the country as a regional arbitration centre, says an expert. Full Article
arbitration More than $830,000 Earned for Residents through Insurance Arbitration By news.delaware.gov Published On :: Wed, 29 Jan 2020 13:59:02 +0000 Consumers won nearly 90% of arbitration cases in 2019 The Delaware Department of Insurance announced that its arbitration services program earned residents $839,466 in awards during 2019. Considering overlap from the previous year, 354 settlements occurred, and 144 cases were heard. Residents prevailed in about 90% of all cases. In total, the Department opened 502 […] Full Article Captive Captive Insurance Insurance Commissioner Arbitration consumer services Department of Insurance Insurance Arbitration Insurance Department
