Mondaq All Regions: Litigation, Mediation & Arbitration
McCullough Robertson
Understanding how a court may approach contractual interpretation is critical to determining whether or not to litigate.
Conyers Dill & Pearman
Litigation remains the primary dispute resolution mechanism in large commercial disputes in the British Virgin Islands.
McCarthy Tétrault LLP
The BC legislature has passed a bill that will modernize the International Commercial Arbitration Act, RBC 1996, c. 233 (the " International Arbitration Act").
Miller Thomson LLP
The courts of appeal of British Columbia and Alberta have recently released decisions dealing with the effect of discretion and privilege clauses often used by owners in calls for competitive bids.
Norton Rose Fulbright Canada LLP
In what is typically referred to as a "clawback proceeding," a trustee in bankruptcy seeks to recover, or "claw back," funds paid to innocent investors in a Ponzi scheme lucky enough to make a profit (net winners) ...
Torys LLP
The Constitution Act, 1867 has suddenly become a hot topic in a range of industries across Canada. In R. v. Comeau, a unanimous decision ...
Will Davidson LLP
An unusually high number of pedestrians were struck and killed by vehicles in Toronto over the first three months of 2018, raising concerns among safety advocates, city planners, and personal injury lawyers.
Will Davidson LLP
Each year, thousands of Canadians are killed or seriously injured in motor vehicle accidents.
Elias Neocleous & Co LLC
The need for clear and reliable guidelines to determine whether a first-instance criminal court judgment can be appealed arose in a recent application to the Supreme Court.
Shearman & Sterling LLP
The new international divisions of the Paris Commercial Court and the Paris Court of Appeal, also known as the "International Chambers," will start operating imminently.
M Mulla Associates
The 2015 amendments to the Arbitration and Conciliation Act, 1996 were aimed at encouraging dispute resolution through arbitration and promoting arbitration as a quick and effective alternative...
Baker & Partners
As we have discussed in our recent blogs, privilege is a corner stone of justice and can exist both within and outside of a lawyer client relationship.
Guzeloglu Attorneys-at-law
In order to keep pace with the expeditious business life, arbitration institutions needed to devise more rapid ways to solve disputes.
On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 ...
Day Pitney LLP
When faced with a novel issue of New Jersey law, the U.S. Court of Appeals for the Third Circuit has the ability to refer the question to the New Jersey Supreme Court.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A further motion to compel in a court with jurisdiction in the designated place of arbitration may still be necessary.
Seyfarth Shaw LLP
Seyfarth Synopsis: In September 2017, our blog posted a video highlighting an emerging class action litigation risk for employers – the Illinois Biometric Information Privacy, commonly known as "BIPA."
Foley & Lardner
Federal district courts are supposed to grant leave to amend a complaint "freely … when justice so requires." Fed. R. Civ. P. 15(a)(2).
Carlton Fields
Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent's president, asserting that he had not been fired...
California District Court construes Illinois's statute more broadly than Illinois's own courts do.
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Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Carroll & O'Dea
If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
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.
Holley Nethercote commercial & financial services lawyers
The Australian Financial Complaints Authority becomes a 'one stop shop' for the resolution of all financial complaints.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
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