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December 2009

Google Loses Domain Name Dispute

Arbitration News / 31 December 2009

Internet giant Google has lost an arbitration over the domain name, Groovle.com. In a decision released today, The National Arbitration Forum, dismissed Google's complaint (Claim Number: FA0911001293500) that it was entitled to the domain name,...

New leaders for S'pore Maritime Foundation

CIArb in the Press / 30 December 2009

THE Singapore Maritime Foundation (SMF) yesterday announced a major leadership change ahead of the New Year....

Bullet-Point Summary of Services Ruled Inadequate for Enhanced Fee Award

Arbitration News / 30 December 2009

A plaintiffs lawyer fired midway through a personal injury case will have to provide a court with more than just a conclusory presentation of the work he did if he wants to share in the settlement, says a New Jersey...

Mediation practice direction to launch

Mediation News / 29 December 2009

The Judiciary will implement a practice direction on mediation from January 1. Courts will encourage litigating parties to use an alternative dispute resolution procedure when appropriate. The practice direction applies to a large part of civil...

Arbitration Program To Expedite Construction Defect Claims

Arbitration News / 29 December 2009

Arbitration Forums, Inc. (AF), a major arbitration group representing insurers, and the Construction Defects Claim Managers Association (CDCMA). “If carriers resolve the underlying case and agree to arbitrate—rather than litigate—their differences,...

Fla. Supreme Court requires mediation in foreclosures

Mediation News / 28 December 2009

Plagued by an ever-increasing number of foreclosure cases, Florida judges now have guidance on how to deal with them through a statewide mediation program. Floridas Chief Justice Peggy Quince signed an order designed to alleviate the backlog. Click here...

Mailbox developer must cough up £1.2m in payment dispute

Adjudication News / 24 December 2009

The developers of the Mailbox have been told to pay £1.2 million to settle a legal wrangle with the engineering firm that laid the groundwork for their new Cube development. Build Ability – a subsidiary and main contractor arm of...

Enforcing arbitration award

Arbitration News / 23 December 2009

National Ability SA v Tinna Oils and Chemicals Ltd Before Lord Justice Thomas, Lady Justice Hallett and Mr Justice Coleridge Judgment December 11, 2009 An application to enforce an arbitration award in the same manner as a judgment, under the...

Obama Signs Into Law Restriction on Arbitration Clauses

Arbitration News / 22 December 2009

David Ingram The National Law Journal del.icio.us Digg Reddit Facebook Google Bookmarks Newsvine LinkedIn Mixx Stumbleupon Most military contractors will no longer be able to enforce mandatory arbitration clauses in their employment contracts under a...

Behavioural guidelines in commercial arbitration

Arbitration News / 21 December 2009

Why the ‘4 Cs’ encourage efficient dispute resolution [Jim Bliss / Images.com] Click here to see full sized version. Behavioural guidelines are essential in commercial arbitration. They allow the legal profession do its part in providing the business...

Fulani herdsmen pay fines to farmers

Arbitration News / 20 December 2009

Funsi (UW), Dec. 19,GNA - Fulani herdsmen in the Sissala area of the Wa East District of the Upper West region have paid more than five hundred Ghana cedis as fines to farmers in the area for destroying farms with...

Standard construction and design contracts aim to improve relations and cut costs

Adjudication News / 18 December 2009

PROCUREMENT managers will be able to reduce the likelihood and impact of supply chain problems and help manage and cut costs following the launch of new standard-form contracts for the purchase of civil engineering design and construction products both...

The decade from hell: Legal review

Adjudication News / 18 December 2009

Extract not available....

Burying the Hatchet

Mediation News / 17 December 2009

A landmark settlement between the world's largest makers of computer chips was too critical to hand over to outside counsel. Instead, in-house lawyers for both Intel Corporation and Advanced Micro Devices, Inc., took the lead in crafting the agreement...

Arbitration: A Veritable Tool For Dispute Resolution

Arbitration News / 17 December 2009

Extract not available....

Recent Developments in Cayman Arbitration Law

Arbitration News / 16 December 2009

Cayman arbitration law is in the process of undergoing something of a renaissance....

BofA would cut arbitration clause under settlement

Arbitration News / 15 December 2009

BOSTON -- Bank of America Corp. said Tuesday it has tentatively agreed to drop a clause from its credit card contracts that requires disputes with customers to be handled through binding arbitration rather than through the courts....

Inter-parties consensus talks on review stall

CIArb in the Press / 12 December 2009

Inter-parties consensus talks on law review collapsed on Friday after failing to agree on a new structure with powers to discipline the President and Prime Minister. Sources say the proposal by Justice and Constitutional Affairs Minister Mutula Kilonzo...

Legal setback for atomic veterans

Mediation News / 11 December 2009

By Alex Stevenson Lawyers representing over 1,000 atomic test veterans have failed in their bid to force the government to the negotiating table. At a hearing at the royal courts of justice, Lord Justice MacDuff ruled that mediation presided over...

Bank under scrutiny over `headscarf ban' on workers

Mediation News / 11 December 2009

Bank Indonesia is closely supervising a microcredit bank, or BPR, in Probolinggo, East Java, following the latter's threat to dismiss one of its workers for wearing a headscarf (jilbab). The management of the BPR Angga Perkasa had reportedly threatened...

Lawyers urge negotiations to solve militancy problem

Mediation News / 11 December 2009

Ghulam Dastageer PESHAWAR: The Peshawar High Court Bar Association (PHCBA) and Peshawar District Bar Association Thursday proposed to the government to seek a negotiated settlement to the issue of militancy.'If the United States can mull striking a deal...

Don’t get your suspenders in a twist

Adjudication News / 11 December 2009

Extract not available....

Judge OKs $20 Million Settlement of Class Action Against Bubble-Wrap Maker

Mediation News / 10 December 2009

Charles Toutant New Jersey Law Journal del.icio.us Digg Reddit Facebook Google Bookmarks Newsvine LinkedIn Mixx Stumbleupon An Elmwood Park, N.J., manufacturer of Bubble Wrap and other packaging items has agreed to pay $20 million to settle a...

His Honour Edgar Fay

CIArb in the Press / 10 December 2009

Edgar Fay was an outstanding barrister and judge who was regarded by his peers as deserving at least the High Court. His capacity in both roles was marked by the lucidity of his speech and prose and by his ability...

Europe's corporate credit crunch: Muck in the fuel pipe

Mediation News / 10 December 2009

Extract not available....

Resolving residential occupier's disputes by David Miles FCIArb

CIArb News / 10 December 2009

As is well known, Section 106 of the HGCR Act excludes Construction Contracts with residential occupiers. It has been argued that adjudication is in fact ideal for such disputes....

Fathers are Increasingly Granted Custody in Divorces

Mediation News / 10 December 2009

/24-7PressRelease/ -- Article provided by Tamara K. Holden PA Visit us at www.floridadivorcelawyer4u.com Working mothers are increasingly finding their successful careers used against them in custody battles in divorce. Women who devote substantial time...

Judge warns of surge in enforcements

Adjudication News / 10 December 2009

A senior judge has warned that the High Court is keen to slash the number of adjudication enforcements clogging up court timetables after a significant increase in claims since the recession. Technology and Construction Court judge Mr Justice Akenhead...

UPS Overtime Suit Settles for $12.8 Million

Mediation News / 10 December 2009

Kate Moser The Recorder del.icio.us Digg Reddit Facebook Google Bookmarks Newsvine LinkedIn Mixx Stumbleupon A federal judge late last week advanced a mediated settlement for delivery drivers who claimed they were denied benefits and overtime by UPS...

Arbitration

Arbitration News / 10 December 2009

Arbitral tribunals – Beneficial ownership – Islamic law – Real property Bhatti v Bhatti: Ch D (Sir Edward Evans-Lombe): 26 November 2009 The executor applied for summary judgment on a claim brought by the deceased (X) for the beneficial ownership...

Apology Act signals cultural shift

Mediation News / 10 December 2009

But professional organizations slow to take up spirit of new law Ontario’s recent enactment of its Apology Act, introduced as Bill 108 and passed last spring, aims to allow professional organizations and individuals to simply apologize for incidents...

Supreme Court rules on prerequisite for arbitration

Arbitration News / 09 December 2009

Extract not available....

Former Sheppard Mullin Shanghai Managing Partner Appointed U.S. Ambassador to New Zealand and Samoa

CIArb in the Press / 09 December 2009

David Huebner, former managing partner of Sheppard, Mullin, Richter & Hampton LLP's Shanghai office, was sworn in Friday as U.S. ambassador to New Zealand and the Independent State of Samoa. Partner Todd Bissett succeeds Huebner as the managing partner...

M.I.A.S. begins new decade with Gerold Herrmann's thoughts on the "GLOBALIZATION OF ARBITRATION."

CIArb in the Press / 09 December 2009

On Wednesday of last week, The Miami International Arbitration Society had the privilege of hosting Gerold Herrmann, current President of the International Council for Commercial Arbitration (the ICCA), for his reflections on the "Globalization of Arbitration in Modern Times."...

Proposed changes to the patent enforcement regime

Mediation News / 09 December 2009

The effective enforcement of patents in Australia has been a point of debate for some time, particularly for small and medium-sized enterprises (SMEs). In response to concerns, in 2006 the minister for industry, tourism and resources asked the Advisory...

Areva gets legal ruling over Siemens/Rosatom JV

Mediation News / 09 December 2009

Siemens, which sources say was unwilling to remain a minority shareholder, and Areva parted ways last January and have yet to agree a price for Areva to buy Siemens' 34 percent stake, which the French company values at around 2...

NE: Farm Bureau, state pressing for Republican River answers

Arbitration News / 09 December 2009

The state's largest farm organization went on record Tuesday as expecting financial contributions from the state and local level to resolve a dispute with Kansas over the Republican River Compact. Delegates to the state convention of the Nebraska Farm...

Lawmakers pledge to give EU watchdogs more clout

Mediation News / 09 December 2009

BRUSSELS, Dec 9 (Reuters) - A trio of new European super-watchdogs that will police banks and financial services may be handed more clout to overrule countries and their supervisors, top lawmakers say. Last week, European Union ministers agreed to create...

Supreme Court rules in railway labor arbitration case

Arbitration News / 08 December 2009

[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday ruled [opinion, PDF] in Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers [Cornell LII backgrounder; JURIST report] that the requirement that parties submit...

German firms complain of tight credit, intrusive banks

Mediation News / 08 December 2009

The illuminated Euro sculpture in front of the European Central Bank (ECB) in Frankfurt/M. Small- and medium-sized German companies (SMEs) that complain of intrusive bank practices have gotten a hearing from leaders in Berlin who fear a credit crunch...

WTO authorizes Brazil sanctions over U.S. cotton

Arbitration News / 08 December 2009

The World Trade Organization has authorized Brazil to impose trade sanctions on the United States over its support for cotton, according to Reuters. The ruling comes as Brazil is trying to turn up the pressure in Washington over the illegal...

Mediators bid to heal rift

Mediation News / 07 December 2009

South African President Jacob Zuma's three-person team of mediators has completed a heavy schedule of closed-door meetings with top players in Zimbabwe's power-sharing government, notes a VoA News report. The mediators were sent to Zimbabwe to try to...

Focus: Fight Club: The top 50 litigation practices

Arbitration News / 07 December 2009

One of the key findings from The Lawyer’s annual round-up of the top 50 global disputes practices is that international arbitration is one of the main battlegrounds for the world’s top litigation teams. What is also clear is that London...

CIArb Australia signs agreement to make country international arbitration centre

CIArb in the Press / 07 December 2009

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Use ADR to resolve disputes, Ojo tells litigants

CIArb in the Press / 07 December 2009

A former Attorney-General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), has urged litigants to take advantage of the Alternative Dispute Resolution mechanism to resolve their disputes....

Miami ramps up efforts to be the seat of international arbitration

Arbitration News / 07 December 2009

Miami is increasingly becoming the venue of choice for international arbitrations and now is the second most popular spot in the U.S. for such disputes to be resolved. These statistics, from the International Court of Arbitration, also note that only...

Australia to umpire business squabbles

CIArb in the Press / 07 December 2009

A trio of organisations wants Australia to become the business equivalent of cricket's third umpire / File A TRIO of organisations has launched a bid to become the business equivalent of cricket's third umpire in what they hope will become...

ACICA president calls for overhaul of domestic arbitration

Arbitration News / 07 December 2009

Australian Centre for International Commercial Arbitration president Doug Jones has called on the Government to revive domestic arbitration by adopting the UNCITRAL Model Law on International Commercial Arbitration. Speaking on Friday at the...

Lawyers gear up for new rules on arbitration

CIArb in the Press / 07 December 2009

AUSTRALIA'S arbitration bodies and lawyers are gearing up for changes in the litigation climate, with new laws now set to be passed. The Australian Centre for Commercial International Arbitration (ACICA), the Institute of Arbitrators & Mediators...

The advantages of pre-suit mediation

Mediation News / 06 December 2009

Many individuals are now beginning to utilize what is know as Pre-suit Mediation. The advantages of this form of mediation are endless however below is a list of some of the most important reasons why this should be an alternative...

Mediation efforts in torture lawsuits collapse, cases appear headed for trial

Mediation News / 05 December 2009

OTTAWA - Three high-profile torture lawsuits against the government are a step closer to trial after mediation efforts collapsed. Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin are suing the federal government in Ontario Superior Court over...

Report: Shearman & Sterling Wins Round for Yukos Shareholders

Arbitration News / 04 December 2009

International Arbitration / Russia Luke Eric Peterson A panel of three arbitrators sitting in The Hague has cleared a path for the world's largest-ever arbitration claim against a government to proceed to a hearing on the merits, according to The...

CN engineers halting strike "immediately"

Arbitration News / 04 December 2009

Canadian National Railway (CN) and 1,700 of its locomotive engineers have agreed to settle a new contract through talks and arbitration, in a deal which 'immediately' ends the engineers' five-day-old strike. Montreal-based CN and the Teamsters Canada...

ACE agreements: Altogether now

Adjudication News / 04 December 2009

Extract not available....

Payment rules: Financial mechanics

Adjudication News / 04 December 2009

Extract not available....

Beijing Court Upholds Copyright Protection for GMAT Exam

Mediation News / 03 December 2009

Sponsored by: MCLEAN, Va., Dec. 3 /PRNewswire-USNewswire/ -- The Beijing No. 1 Intermediate People's Court has upheld the right of the Graduate Management Admission Council (GMAC) to protect its copyrights in the Graduate Management Admission Test...

Law in Practice: Minimising sex discrimination claims

Mediation News / 03 December 2009

Sex discrimination in the workplace has always been a contentious issue, and a recent gender pay gap report by the Equality and Human Rights Commission indicates it's still a problem in the UK's financial sector. The report found that men...

The Construction Act becomes law but is not yet in force

Adjudication News / 02 December 2009

The changes proposed to the law on construction contracts in the Local Democracy, Economic Development and Construction Bill have at last reached the end of the parliamentary process, as the Bill received Royal Assent on the 12th November 2009. Whilst...

Credit mediator to be appointed in Germany to prevent another credit crunch

Mediation News / 02 December 2009

The German Government has named Joachim Metternich as the country’s new credit mediator in a bid to boost business lending. Mr Metternich, who currently heads up the public investment bank for the western German state of Rhineland-Palatinate, will take...

Specialist mediation and arbitration service launched for farming and rural sectors

CIArb in the Press / 01 December 2009

AN old rural custom has been turned into a new specialist mediation and arbitration service for the farming and rural sectors....