Mondaq All Regions: Litigation, Mediation & Arbitration
Dentons
The recent decision of Sharpe v Grobbel [2017] NSWSC 1065 acts as a reminder for lawyers about their duty to claim privilege for clients even if they are no longer acting.
Schoenherr Attorneys at Law
On 1 March 2017 the Austrian Supreme Court (Oberster Gerichtshof) ruled on whether potential claims under the Austrian Commercial Agents Act (Handelsvertretergesetz) can be brought before an Austrian court...
Appleby
The application for permission to cross-examine the Respondent was duly issued.
Blaney McMurtry LLP
It is trite to say that the hallmark of the Canadian judicial system (and of most common-law jurisdictions) is fairness. In pursuit of preserving that hallmark, the law governing expert witnesses...
Miller Thomson LLP
A recent study of the brains of deceased professional football players shows that nearly all of them suffered from chronic traumatic encephalopathy ("CTE").
Clark Wilson LLP
A " committee" is a legal guardian, appointed by the court, to act for an individual who has reduced capacity.
Campbells
In a novel judgment of Mr Justice McMillan delivered on 1 August 2017, the Grand Court of the Cayman Islands awarded costs against non-parties that did not fund or control the proceedings in issue.
Brokering Abogados
El procedimiento de E-Discovery, esto es, la posibilidad de solicitar documentos y/u otra evidencia a través de un procedimiento normado en forma previa al juicio, no es ajeno a nuestra legislación...
Wynn Williams Lawyers
This article summarises the rationale of the decision and provides brief comment on its implications moving forward.
Holman Fenwick Willan LLP
Pursuant to the Sale Contract, the Buyer was to open an irrevocable letter of credit (on UCP600 basis) for the purchase price.
Bircham Dyson Bell LLP
Bircham Dyson Bell recently acted for the Claimants in the case of Butler and Butler v Butler and Butler [2016] EWHC 1793 (Ch) concerning a dispute between the four children of the late Sir Michael Butler GCMG ...
Clyde & Co
There has been recent success in the DIFC Court of Appeal for the dispute resolution team in Clyde & Co's Dubai office in the case of Kassab Media (FZ) LLC v Sky News Arabia FZ-LLC (CA-010-2016).
Archer & Greiner P.C.
Like all contracts, arbitration policies require mutual agreement and consideration between employer and employee.
Sedgwick LLP
This week, we begin a dual project on the Illinois Supreme Court Review and the California Supreme Court Review – comparing the two states' experience with automatic appeals of death penalty verdicts.
Seyfarth Shaw LLP
In Harrington v. Sessions, No. 15-8009, No. 16-5285 & No. 16-5286 (D.C. Cir. July 21, 2017), the U.S. Court of Appeals for the D.C. Circuit found that absent class members may intervene in an appellate court proceeding...
Troutman Sanders LLP
In Patel v. Comcast Corporation, plaintiff consumer Mounang Patel brought a purported class action lawsuit against defendant Comcast Corporation, arguing that Comcast unlawfully obtains background checks...
BakerHostetler
The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies...
BakerHostetler
We previously wrote about the split among the circuit courts of appeal over the ascertainability requirement for class certification and whether self-identifying consumer affidavits...
Davis & Gilbert
It's been getting tougher for anyone to mount strong opposition to the Consumer Financial Protection Bureau's (CFPB) rule banning mandatory arbitration clauses after news broke of more misdeeds...
K&L Gates
By order dated August 4, 2017, Vice Chancellor Slights dismissed the complaint seeking to enforce non-compete and non-solicitation provisions in a stockholders' agreement in EBP Lifestyle Brands Holdings...
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Am Badar & Partners
Domain name is an internet address of the country organizer, person, business entity, and/or society which can be used in communication through internet, which is a code or character composition...
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Lewis Brisbois Bisgaard & Smith LLP
In Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court's judgment...
Morgan Lewis
In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship.
Venable LLP
The Court also held that an employer who informs its employees of their entitlement to a day of rest does not incur liability when those employees voluntarily elect to work.
Corrs Chambers Westgarth
How do recent developments in third party arbitration regimes affect the international dispute resolution community?.
Fogler, Rubinoff LLP
On July 26, 2017 the Supreme Court of Canada clarified in two decisions, both involving NEB approvals, that the Crown may discharge its duty to consult with First Nations through steps taken by a regulatory agency, ...
Singhania & Partners LLP, Solicitors and Advocates
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
Kachwaha & Partners
A little known fact is that India was amongst the only six Asian nations to have signed the Geneva Convention of 1927.
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
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