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Monday, March 25, 2019 8:00 PM

NJ Enacts Controversial Law Outlawing NDAs in Discrimination and Harassment Settlements

On March 18, 2019, New Jersey Gov. Phil Murphy signed a controversial bill banning mandatory nondisclosure clauses in settlement agreements involving

Monday, March 25, 2019 8:00 PM

Court upholds principles of finality and consent in arbitration in defective “med-arb”

Irrespective of the context and industry in which a dispute arises, a common thread to commercial relationships is that they are often governed by a

Monday, March 25, 2019 8:00 PM

What to Consider When Terminating a Contract under English Law?

In cross border transactions such as international sale of goods, parties’ dispute sometimes arise from situations where one party decides not to

Sunday, March 24, 2019 8:00 PM

SC fortifies principles of incorporating arbitration clause by reference

Recently, in the case of Giriraj Garg v Coal India Limited and Others (Civil Appeal No. 1695 of 2019 decided on 15 February 2019), the Supreme Court

Sunday, March 24, 2019 8:00 PM

从“塔塔案”看中国法院 对“病态仲裁协议”司法审查价值取向的新发展

北京市第四中级人民法院近日对“中轻三联国际贸易有限公司诉塔塔国际金属亚洲有限公司申请确认仲裁协议效力”系列案件作出裁定见2017京04民特23号24号25号

Sunday, March 24, 2019 8:00 PM

U.S.: Appellate court reverses trial court order compelling arbitration, finding parties did not enter a valid mutual agreement to arbitrate.

In November 2017, Plaintiff Amy Skuse (“Skuse”) filed a complaint against her former employer Pfizer, Inc. (“Pfizer”), and several other Pfizer

Sunday, March 24, 2019 8:00 PM

Mandatory arbitration shareholder proposal goes to courtas Chair Clayton suggested

You might remember this no-action letter to Johnson & Johnson granting relief to the company if it relied on Rule 14a-8(i)(2) (violation of law) to

Sunday, March 24, 2019 8:00 PM

Licensing 2019 (Chapter Russia)

Are there any restrictions on the establishment of a business entity by a foreign licensor or a joint venture involving a foreign licensor

Sunday, March 24, 2019 8:00 PM

New Jersey's Latest METOO Law Goes Beyond Sexual Harassment

New Jersey recently joined a growing number of states limiting the use of non-disclosure agreements when settling claims of sexual harassment - and

Sunday, March 24, 2019 8:00 PM

Tax Law: new mediation procedure and further novelties

On 20th January 2019, Law No. 30 2019 (“Law 30”) came into force, bringing practice-relevant changes in the tax law

Sunday, March 24, 2019 8:00 PM

Steuerrecht: neues Mediationsverfahren und weitere Neuigkeiten

Am 20. Januar 2019 trat das Gesetz Nr. 30 2019 (nachfolgend Gesetz 30” genannt) in Kraft, das praxisrelevante Änderungen im Steuerrecht bewirkte

Sunday, March 24, 2019 8:00 PM

New Jersey Invalidates Non-Disclosure Provisions In Discrimination, Harassment, and Retaliation Settlements, and Prohibits Preemptive Waiver of Statutory Rights

As of March 18, 2019, employers covered by New Jersey law can no longer enforce employment contracts or settlement agreements that conceal the

Sunday, March 24, 2019 8:00 PM

English High Court grants injunction to block jordanian proceedings seeking to invalidate an arbitration agreement

On 1 March 2019 the English court granted the claimant, ACT, a permanent anti-suit injunction against proceedings issued in Jordan (the Jordanian

Sunday, March 24, 2019 8:00 PM

Industry Groups and State and Federal Securities Regulators Grapple with Fiduciary Standards for BDs and Private Fund Advisers

Last April, the SEC released proposed rules1 related to the standard of care that broker-dealers (“BDs”) owe their customers and issued proposed

Sunday, March 24, 2019 8:00 PM

Taiwan: changes to labour dispute resolution mechanism

On 9 November 2018, the Legislative Yuan of Taiwan passed the third reading of the Labour Procedure Act ("LPA"). The LPA sets out procedural

Sunday, March 24, 2019 8:00 PM

Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters

On 18 January 2019, Hong Kong and the Mainland signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial

Sunday, March 24, 2019 8:00 PM

Heating up: Climate change and investor-State arbitration

States are increasingly regulating environmental issues. More recently, global recognition of the need for rapid, large-scale efforts to combat

Thursday, March 21, 2019 8:00 PM

Implementing an effective dispute resolution strategy which promotes the use of ADR

Disputes arise for all organizations. Dealing with a dispute constructively can enable the organization to achieve its ultimate objectives, save on

Thursday, March 21, 2019 8:00 PM

New Jersey Enacts Ban on Non-Disclosure Provisions in Settlement Agreements Addressing Claims of Discrimination, Retaliation and Harassment

Common employer practices related to employee claims of discrimination, harassment and retaliation are now prohibited by law in New Jersey. Bill S121

Thursday, March 21, 2019 8:00 PM

Court grants access to documents for use in arbitral disciplinary proceedings

In The Chartered Institute of Arbitrators v B and others 2019 EWHC 460 (Comm), the Commercial Court allowed a non-party to gain access to court

Thursday, March 21, 2019 8:00 PM

Judicial Exceptions to IP Statutes: Are They Dead?

On January 8, 2019, the U.S. Supreme Court decided a case involving the Federal Arbitration Act that could have a significant impact on patent law

Thursday, March 21, 2019 8:00 PM

Google Employees Spearhead Change: Eliminating Forced Arbitration in Sexual Harassment Claims

On February 21, 2019, Google announced that it would end its practice of forced arbitration and class action waivers for all claims brought by

Thursday, March 21, 2019 8:00 PM

New Jersey Bars Nondisclosure Agreements in All Discrimination Settlements, Purports to Bar Arbitration Agreements

On March 18, 2019, Governor Phil Murphy signed into law Senate Bill 121 (S121), which amends the New Jersey Law Against Discrimination (NJLAD) in two

Thursday, March 21, 2019 8:00 PM

Singapore court refuses set aside on the basis that the successful party in the arbitration did not call witnesses to give evidence and disclose certain documents

In BVU v BVX 2019 SGHC 69 the High Court of Singapore refused to set-aside an arbitral award on the basis that BVX, the successful party in the

Thursday, March 21, 2019 8:00 PM

Alternative dispute resolution

At Brodies we understand when litigation is the best option for our clients but also where their interests are best served by dispute resolution

Wednesday, March 20, 2019 8:00 PM

Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision

The Supreme Court of Cassation recently found that parties alleging nullity of an arbitral award for the late delivery of the decision must notify the

Wednesday, March 20, 2019 8:00 PM

Discoverability of Third Party Funding Documents in Arbitration - Part II

In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and

Wednesday, March 20, 2019 8:00 PM

District court finds that Sweden's interest in contractual dispute outweighs U.S. interest and dismisses lawsuit in favor of Swedish forum

Snöfrost, a Swedish company, filed a complaint in the U.S. District Court for the District of Massachusetts against Susanne Håkansson, a Massachusetts

Wednesday, March 20, 2019 8:00 PM

Are recordings made without counterparty's consent admissible as evidence in arbitration?

It has long been disputed whether video or audio recordings can be admitted as evidence in arbitration where they are made without the counterparty's

Wednesday, March 20, 2019 8:00 PM

Fraud v Finality: a bare-knuckle fight?

The general rule in English litigation is that claimants have one chance to put their case: they have one trial and need to use all their evidence

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