Mondaq All Regions: Litigation, Mediation & Arbitration
McCarthy Tétrault LLP
It is not uncommon for defendants to wonder if the plaintiffs have an ulterior motive for bringing a lawsuit beyond the pleaded request for damages and other relief.
Borden Ladner Gervais LLP
In Evans v Mattamy Homes Limited, the Superior Court of Justice confirmed the high bar plaintiffs must meet to demonstrate that an arbitration clause in an agreement is invalid and therefore a civil proceeding is permissible...
Crawley Mackewn Brush LLP
A recent decision of the Ontario Superior Court of Justice reminds litigants that cost considerations must be at the forefront of every decision made when litigating a case.
MacDonald & Associates
A recent decision of the Ontario Court of Appeal provided some guidance on how economically dependent a contractor must be before they are afforded the same statutory
Herbert Smith Freehills
The Beijing Arbitration Commission (BAC) has updated its arbitration rules and fee schedule. The new versions will replace the current (2015) version, with effect from 1 September 2019.
Singhania & Partners LLP, Solicitors and Advocates
1.The territory should be signatory to the New York Convention.
Ogier
A recent Privy Council decision relating to long-running Jersey proceedings (Volaw –v- Comptroller of Taxes [2019] UKPC 29) provides clarification on the extent to which a party to an action may resist disclosure notices...
Morrison & Foerster LLP
On July 1, 2019, in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors (Federal Court Civil Appeal No. 02(i)-83-09/2018(W)) ("Jaya Sudhir Jayaram"),
Clyde & Co
On 7 August 2019, Singapore hosted the signing ceremony for the "Singapore Convention on Mediation" (the "Singapore Convention").
Herbert Smith Freehills
The Court of Appeal has held that a letter sent by a party to a share purchase agreement did not constitute a notice of a claim under tax covenants in the agreement.
Clyde & Co
The question of when the provisions of the Civil Litigation (Expenses and Group Proceedings) Act will come into force looks set to be answered.
Dentons
In June 2019, the Government of Dubai ordered the Emirate's courts to suspend claims against Meydan City Corporation, a government owned developer, as well as its subsidiaries and affiliates (collectively "Meydan"), pending...
STA Law Firm
Consistently expanding public and private sector investment into the sports market, through prominent sponsorship bargains, interest in brandishing properties
Wilson Elser Moskowitz Edelman & Dicker LLP
William McDevitt (Partner-Philadelphia) wrote a Philadelphia Bar Reporter Pro Bono Spotlight article on "Facilitative Mediation and Client
Seyfarth Shaw LLP
Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class
Foley & Lardner
While drug manufacturers have declined to take a position on the local government plaintiffs' motion for class certification, drug distributors have opposed plaintiffs' motion.
Foley & Lardner
In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort...
BakerHostetler
In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right
Lincoln Derr PLLC
When we last talked about the U.S. Women's National Team ("USWNT"), they were headed to mediation with the United States Soccer Federation, Inc. ("USSF")
Akin Gump Strauss Hauer & Feld LLP
Where London is the Seat those involved in international arbitration ought to know that challenges under Section 68 of the Arbitration Act 1996, (the "Act") require highly exceptional conditions.
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Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
L&L Partners
The object of Code of Criminal Procedure, 1973 ("CrPC/ Code") is to provide machinery for the punishment of offenders against the substantive criminal law.
Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
Morrison & Foerster LLP
The Supreme Court's recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC [1] clarifies that a debtor-licensor's rejection of a trademark license under § 365(a) ...
Wolf, Greenfield & Sacks, P.C.
The Board dismissed this petition for cancellation of Roman Atwood's registration for the mark SMILE MORE for various goods (stickers, backpacks, shirts) and for retail store service featuring clothing, denying petitioner's claim that the term fails to function as a mark.
Singh & Associates
The Hon'ble Supreme Court of India in its recent judgment of Social Action Forum for Manav Adhikar and Another v Union of India Ministry of Law and Justice and Others revisited the important issue relating to ...
VGC Law Firm
The same have been briefly discussed in the present article.
Jones Day
Data privacy- and security-related class actions appear to be on the rise, and effectively defending them requires the right mix of substantive and procedural knowledge.
Khaitan & Co
The Hon'ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. v State of Uttar Pradesh [(Civil Appeal No 10873 of 2018 along with Civil Appeal No 10874 of 2018)] ...
Jones Day
On the heels of the European Union's General Data Protection law, which went into effect in May 2018
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