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.
2017 | Febrero 14 Students from Israel’s College of Law and Business (CLB) in Ramat Gan have won the International Chamber of Commerce’s (ICC) International Commercial Mediation Competition, which was held in Paris last week. This is the world’s foremost competition on the subjects of business mediation and dispute resolution. Sigue leyendo →
2017 | Febrero 10 The International Court of Arbitration of the International Chamber of Commerce (ICC) has said Africa has contributed to record figures for new cases filed for administration under ICC rules in 2016. According to preliminary statistics released in January, a total of 966 new cases administered by the court were filed last year – involving 3,099 parties from 137 countries – which the court said was a record in its 94-year history. Sigue leyendo →
2017 | Febrero 9 The Minister for Justice and Equality, Frances Fitzgerald, has announced that she will publish the long awaited Mediation Bill this year. The option to mediate claims (as opposed to going to trial) already exists in the Irish High and Commercial Courts. However, the proposed legislation will put the obligation to consider mediation on a statutory footing. Sigue leyendo →
2017 | Febrero 7 As courts repeatedly have emphasized, arbitration agreements are contracts. That means we have to consider the law of mutual assent in determining whether the parties entered into a binding arbitration agreement and whether a countersignature is required. Sigue leyendo →
2017 | Febrero 7
Silicon Valley Arbitration & Mediation Center (SVAMC), a leading not-for-profit that advances the use of arbitration and mediation in technology and technology-related business disputes in the San Francisco Bay Area and around the world, today released its highly anticipated 2017 List of the World’s Leading Technology Neutrals. Sigue leyendo →
2017 | Enero 30
While it is common knowledge for law professionals that parties bound by commercial contracts have, according to Romanian law, the legal option to defer their contractual disputes to arbitration as an alternative to state courts, such option remains rather unknown to the Romanian business environment. This explains why a number of misconceptions and myths about arbitration have appeared in time and – sadly – continue to deprive business entities from a method of commercial dispute resolution which can be competent, flexible, confidential, and efficient. Sigue leyendo →
2017 | Enero 27
On 12 January 2017, the Bulgarian Parliament adopted an amendment to Article 19 of the Civil Procedure Code, entering into force on 24 January 2017, which excludes disputes involving consumers from arbitration (State Gazette 8/24.01.2017). Sigue leyendo →