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Federal Circuit refuses to enjoin international arbitration of patent claims
- Leonard, Street and Deinard
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- USA
- -
- May 16 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute. In
Mind games: distinguishing between mood problems and mental disorders when disciplining employees
- Fasken Martineau DuMoulin LLP
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- Canada
- -
- May 15 2013
It is trite law that employers cannot discriminate against employees based on mental disabilities. The broad interpretation that courts and
Substantive fairness overcomes elements of procedural unconscionability in mandatory arbitration agreement
- Fenwick & West LLP
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- USA
- -
- May 14 2013
In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in
“Reasonable endeavours” and “suspension of services”
- Fenwick Elliott Solicitors
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- United Kingdom
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- May 14 2013
This was an application for leave to appeal against an arbitration award in relation to a dispute arising out of Morris’ decision to suspend
Tenth Circuit holds underlying securities claims interrelated
- Traub Lieberman Straus & Shrewsberry LLP
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- USA
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- May 14 2013
In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the
Postscript: to compel under the FAA or the MAA? That is the question . . . With an answer
- Ogletree Deakins
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- USA
- -
- May 14 2013
In a previous post, I argued that in order to compel arbitration in Minnesota, an employer must attempt to come within the purview of the Federal
New FIDIC guidance: should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become ‘final’?
- Reed Smith LLP
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- Singapore
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- May 13 2013
The standard FIDIC form of contract contains a tiered dispute resolution provision (clause 20). The first step is a referral of a dispute to a
Foreign arbitral award enforceable against an Australian corporation in liquidation
- Corrs Chambers Westgarth
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- Australia
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- May 10 2013
On 19 April 2013, the Federal Court of Australia handed down judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd 2013 FCA 356
Conciliation clause held too uncertain to be enforceable
- Clifford Chance LLP
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- United Kingdom
- -
- May 10 2013
Dispute resolution clauses in many commercial agreements provide for claims to be submitted to conciliation or mediation before they can be submitted
Courts refuse to restrain foreign proceedings in support of London arbitration
- Clifford Chance LLP
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- United Kingdom
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- May 10 2013
Where parties have stipulated in their contracts that disputes should be submitted to London Court of International Arbitration (LCIA) arbitration in
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