2017 | Julio 17 In this issue, Norton Rose Fulbright features a number of articles on investor-state dispute settlement (ISDS). Lawyers from across this global firm review various developments in this area, including requests for reconsideration in ICSID and UNCITRAL arbitration, whether the doctrine of precedent could or should apply in investment arbitration and the trends in investor-state disputes that can be identified from recent ICSID statistics. NRF also has the pleasure of interviewing Meg Kinnear, Secretary-General of ICSID, to get her thoughts on key developments in ICSID arbitration during her term, challenges facing ISDS and how we might see it evolve over the next 50 years. Sigue leyendo →
2017 | Julio 7 Corporate Disputes is a specialized publication dedicated to analyzing the latest developments in corporate and commercial dispute resolution. To read their reports you must become a subscriber. In this new issue, Corporate Disputes examines the latest trends in commercial dispute resolution in the infrastructure, tax and regulation, and private equity funds sectors. Sigue leyendo →
2017 | Junio 26 Two elements are at play in judicial enforcement of arbitration awards: One is the formal legal elements: Courts are legally incapable of enforcing arbitral awards issued by religious tribunals if they fail to follow the basic legal demands imposed by the Federal Arbitration Act. Second, even if faith-based arbitrators have observed all the formal legal requirements, they must still convince judges that their religious dispute resolution processes are genuinely fair, effective and worth upholding. Sigue leyendo →
2017 | Abril 25
The Arbitration Bill, which seeks to provide an effective non-judicial mechanism for settling disputes between contracting parties, was passed in the Senate on Friday (April 21) with 50 amendments. Sigue leyendo →
2017 | Abril 25 Addressing a press conference on Tuesday, Bonnici highlighted increased efficiency in Family Court proceedings over the first three months of this year, saying that the number of couples opting for mediation had increased by 26.5% compared to five years ago. The number of amicable outcomes has increased by a full 33%. Sigue leyendo →
2017 | Abril 24 An alternative dispute settlement mechanism of the Department of Labor and Employment (DoLE) has proved its effectiveness in settling labor conflicts involving monetary and collective bargaining benefits amounting to more than P2 billion. Labor Secretary Silvestre Bello 3rd on Monday said it was a record expeditious settlement of labor disputes using the alternative dispute resolution. Sigue leyendo →
2017 1 Abril 20 A world-first Australian program is providing a platform for sexual abuse survivors to confront and communicate with perpetrators.
The restorative justice program, conducted by Melbourne’s South East Centre Against Sexual Assault (SECASA), aims to mitigate some of the harm caused by abuse and help survivors move on with their lives. Sigue leyendo →
2017 | Abril 10 In a long-awaited decision, the California Supreme Court has declined to enforce an arbitration agreement due to a provision allegedly waiving plaintiff’s ability to seek “public injunctive relief” under California’s consumer protection statutes. The court’s rationale seems contrary, if not openly hostile, to the recent U.S. Supreme Court precedent enforcing such agreements under the Federal Arbitration Act (FAA). Sigue leyendo →
2017 | Abril 4 The Florida Supreme Court on March 16 released a new set of rules to simplify the family law processes while establishing a separate set of rules and procedures for matters before family court.
2017 | Abril 1 The Ministry of Justice will be establishing 14 Parish Justice Centres across the island this year to train 3,000 Restorative Justice facilitators for the swift resolution of conflicts at the community level. Sigue leyendo →
2017 | Marzo 30 KPMG and MacRobert Attorneys have joined ties to create a Tax Dispute Resolution Alliance, building on the longstanding relationship between the two firms on tax dispute matters, going back a number of years. Sigue leyendo →
2017 | Marzo 24
While there are strong rules in place in the EU to protect consumers, in practice consumers sometimes encounter problems getting redress when their rights are violated, particularly cross border.
2017 | Marzo 21 The Straus Institute for Dispute Resolution at Pepperdine University School of Law has once again been named number one among academic dispute resolution programs in U.S. News and World Report’s 2018 Law School Rankings. Released last week, the rankings place the Straus Institute at the top of the list for the twelfth time in thirteen years. Sigue leyendo →
2017 | Marzo 13 The total number of arbitration cases filed before CRCICA until 31 December 2016 reached 1161 cases. In 2016, 91 new arbitration cases were filed, scoring as such 75% annual increase compared to the 54 cases initiated in 2015. 2016 witnessed a new record for the number of cases registered under the auspices of CRCICA in a single year (91 cases). The previous record, reached in 2012 (78 cases), has therefore been broken. Sigue leyendo →
2017 | Marzo 6
The Bill has now been sent to the Senate for approval. By the unassuming title one would not be able to decipher just how backward this bill, if made law, will take us. It has gone beyond purely commercial matters to affect areas that in Pakistan should only be dealt with by the formal court system. Sigue leyendo →
2017 | Marzo 6 New legislation in Ireland designed to cut legal costs and speed up the process of dispute resolution will oblige lawyers to suggest mediation to clients before opting for court proceedings. Sigue leyendo →
2017 | Marzo 3
An arbitration provision for Samsung Galaxy S smartwatches is nonenforceable in a class action claiming the company exaggerated the product’s battery life, the U.S. Court of Appeals for the Third Circuit has ruled.
A stipulation mandating binding arbitration, printed on page 97 of a 143-page product manual, is not a valid contractual term because the court could not presume that consumers read or had notice of the terms, the court ruled Friday in Noble v. Samsung Electronics America. The appeals court affirmed a ruling by a federal judge in Newark that held the arbitration provision nonbinding. Sigue leyendo →
2017 | Febrero 24
On 3 February 2017, the Vietnam International Arbitration Centre (VIAC) officially released the new 2017 VIAC Arbitration Rules (VIAC Rules 2017), which is scheduled to come into effect on 1 March 2017. Sigue leyendo →
2017 | Febrero 23 The U.S. Supreme Court on Wednesday questioned the validity of arbitration agreements used by nursing homes in a case involving Kindred Healthcare.
The justices recently ruled in favor of arbitration agreements in two separate cases but they appeared to take a more critical approach to the practice when questioning Andrew Pincus, a lawyer representing Kindred Healthcare. Sigue leyendo →
2017 | Febrero 22 The Qatar International Court and Dispute Resolution Centre (QICDRC) has hailed the publication of Law No 2 of 2017 issuing the Arbitration Act in Civil and Commercial Matters, The Peninsula of Doha has reported.
Faisal Al Sahouti, the CEO of QICDRC said the new law is intended to meet the economic and commercial needs of Qatar and those doing business in the country. Sigue leyendo →
2017 | Febrero 21
In a December 2016 report the International Chamber of Commerce confirmed the importance of arbitration in resolving financial sector disputes. Kent Phillips and Benson Lim of Hogan Lovells discuss how arbitration can help international lenders and funds resolve African disputes effectively. Sigue leyendo →
2017 | Febrero 20 Legal experts and social activists on Monday called for integrating the age-old ‘khap panchayat’ system into the formal justice dispensation mechanism to provide quick and effective justice to litigants and resolve the problem of increasing number of court cases estimated at over 30 million. Sigue leyendo →
2017 | Febrero 16 New Jersey has taken the first step toward becoming a global center of international arbitration by enacting the International Arbitration, Mediation, and Conciliation Act (the “Act”) on February 6, 2017. The Act provides the framework for making New Jersey an attractive destination for resolving international business and trade disputes. Sigue leyendo →
2017 | Febero 15
Low commodity prices are causing financial pain on Minnesota farms, but bankruptcies are rare thanks in part to a state mediation program.
The farmer-lender program requires lenders to offer struggling farmers the chance to renegotiate debt terms with the help of a mediator before repossessing any property, Minnesota Public Radio (http://bit.ly/2lLs2ml ) reported.