On August 14, 2019, the National Labor Relations Board (NLRB) issued its Supplemental Decision, Order, and Notice to Show Cause in Cordúa Restaurants, Inc. and Steven Ramirez Rogelio Morales and Shearone Lewis, 368 NLRB No. 43 (2019). The decision resolves several important issues of first impression involving mandatory arbitration agreements following the U.S. Supreme Court’s opinion in Epic Systems Corp. v. Lewis, 84 U.S. __, 138 S.Ct. 1612 (2018) ...
On 09 July 2019, the Plenum of the Supreme Court of the Russian Federation enacted the Resolution “On application of conflict rules by the courts of the Russian Federation” (hereinafter – the “Resolution”). In this Resolution, the Supreme Court of the Russian Federation (hereinafter – the “Supreme Court”) confirmed some approaches to interpretation of conflict rules elaborated in the court practice and the doctrine ...
On August 6, 2019, the Fifth Circuit Court of Appeals issued a panel opinion in the case of Texas v. EEOC at al., Case No. 18-10638 (5th Cir. August 6, 2019), that looks to significantly impact the way employers may choose to treat employees or applicants with criminal backgrounds. Background In April 2012, the EEOC issued “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (Guidance) ...
The Singapore Convention cements the Lion City’s reputation as a dispute resolution hub, making mediation easier to enforce globally. Clients who come to see me about commercial disputes often ask for the same thing: fast resolution. I tell them that there are two tried-and-tested ways to resolve financial claims. First, you can litigate in court and have a judge make a legal ruling on the dispute, in the full gaze of the public ...
It is a well-established principle of South African law that you may not take the law into your own hands. The remedy formulated to enforce this principle is the mandament van spolie.In its classic formulation, the mandament, or spoliation action, protects against a deprivation of possession otherwise than through a legal process. All a plaintiff need prove is that it was in peaceful and undisturbed possession of property and was deprived of that possession ...
In a judgment delivered on 31 May 2019, a bench of three Designated Judges of the Supreme Court constituted under section 42 of the Mauritian International Arbitration Act, 2008 (the “IAA”), set aside an arbitral award delivered under the Arbitration Rules of the Singapore International Arbitration Centre ...
Traditionally financial institutions have preferred litigation over international arbitration. The reasons are many, but they are mainly related to the fact that arbitrators generally lack the power to render summary judgments, to grant interim measures, and that there is no precedent in international arbitration. However, international arbitration has gain ground in the last few years, due to the fact that arbitral institutions have addressed the main criticisms to the system ...
On July 17, 2019, the Ohio Supreme Court resolved any doubt regarding the scope of Ohio’s construction statute of repose (R.C. 2305.131) and with it, delivered a clear victory to construction contractors in Ohio. In New Riegel Local School District Board of Education vs. Buehrer Group Architecture and Engineering, Inc., et al ...
Last month, a California appellate court reversed the trial court and ruled that a subcontractor's insurer had a duty to defend an additional-insured general contractor in underlying construction-defect litigation. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company (2019) 35 Cal.App.5th 1042, a general contractor was an additional insured under a commercial general liability policy issued to its roofing subcontractor ...
In the past few years, the Indian Government has realised that its justice delivery system especially in respect of commercial disputes needs to keep pace with India’s economic growth. Though the Indian Arbitration and Conciliation Act, 1996 (“Act”) is based on the UNCITRAL principles, judicial decisions had virtually obliterated the original intent of the Act and gravely undermined its avowed objective of expeditious dispute resolution ...
Under Dutch corporate law it is possible for the Enterprise Section of the Amsterdam Court of Appeal to order an inquiry into the policies and affairs of a company and to interfere with the internal organization of such legal entity in order to settle corporate disputes between shareholders, the management and supervisory boards and the works council. The present article creates an overview of these legal proceedings. 1 ...
Dating back to the historical conquests of Alexander the Great in the years 300 B.C., which provided an unprecedented foundation for commercial exchanges between Macedonia, Persia and Egypt, along with the Mongolian Empire’s ambitious Silk Road that ensured, since 130 B.C ...
On June 17, the Supreme Court declined to overturn the Dual Sovereign Doctrine, maintaining individuals may be prosecuted under both federal and state law for the same criminal conduct. The Court’s decision was a loss for Petitioner Terance Martez Gamble, who had been prosecuted twice for illegal possession of a firearm, first in state court and then in federal court. In 2008, Gamble pleaded guilty to felony robbery in the state of Alabama ...
The Twenty-first Amendment—which repealed Prohibition—gives states broad authority to regulate alcohol within their borders. But can states impose residency requirements on alcohol retail licensees? The U.S. Supreme Court, by a vote of seven to two in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, answered no. As state alcohol regulators adjust their licensing processes to comply with the ruling, retailers and wholesalers may see changes in the alcohol market ...
The DIFC Small Claims Tribunal (SCT), a branch of the DIFC Courts, has in a rare (if not first of its kind) judgement, pierced the corporate veil of a DIFC incorporated company to look into its shareholding and key individuals in the case of AS World Group Holding Ltd. Vs Anna Calkins [DIFC SCT 116/2019]. Overview of dispute AS World Group Holding Ltd (Claimant), filed proceedings against Ms ...
Four years ago, trademark owners who sought to register brands considered “immoral,” “scandalous,” or “disparage[ing]” would have, under a prohibition in 15 U.S.C. §1052(a), received a firm rejection from the United States Patent and Trademark Office (USPTO). Under this regime, brand owners seeking to register, for example, holy figures in connection with alcohol or creatively named rooster-shaped lollipops, were out of luck. (See, e.g ...
On 18 June 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation, authorized Vienna International Arbitral Centre («VIAC») to administer arbitration disputes with the seat (place of the arbitration) in Russia. According to Secretary General of VIAC, Dr. Alice Fremuth-Wolf, the arbitration institution receives approximately 60 – 70 claims per year, with 5 – 7 involving Russian parties ...
On 18 June 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation, authorized Vienna International Arbitral Centre (“VIAC”) to administer arbitration disputes with the seat (place of the arbitration) in Russia. According to Secretary General of VIAC, Dr. Alice Fremuth-Wolf, the arbitration institution receives approximately 60 – 70 claims per year, with 5 – 7 involving Russian parties ...
On 18 June 2019, the Council for Arbitration Development at the Ministry of Justice of the Russian Federation, authorized Vienna International Arbitral Centre («VIAC») to administer arbitration disputes with the seat (place of the arbitration) in Russia. According to Secretary General of VIAC, Dr. Alice Fremuth-Wolf, the arbitration institution receives approximately 60 – 70 claims per year, with 5 – 7 involving Russian parties ...
Several significant changes to the UAE Civil Procedure Law (Federal Law No. 11 of 1992 as amended) came into effect in February this year. An overview of these changes, brought about by Regulations promulgated pursuant to Decree by Law No 10 of 2017 and Cabinet Resolution No. 57 of 2018 (the Regulations) can be found in our inBrief of 12 February 2019 ...
The enactment of the UAE’s first standalone arbitration law (Federal Law No. 6 of 2018; the Arbitration Law) introduced some important changes to arbitration in the UAE, such as recognising the enforceability of interim awards and significantly streamlining the enforcement of arbitral awards. However, the requirements for establishing a valid arbitration agreement (i.e ...
Following the implementation of the new rules governing the jurisdictional threshold of the courts in Mauritius, District Courts will now hear claims of up to MUR250 000 (as opposed to MUR50 000 previously) and the Intermediate Court will hear claims of up to MUR2-million, whenever such claims do not fall with the District Court threshold. Claims higher than MUR2-million will continue to be lodged before the Supreme Court ...
When the Supreme Court accepted the cert petition to resolve a Circuit split regarding the False Claims Act’s statute of limitations when the government does not intervene, it created thepotential that the Court would extend the limitations periodfor private relators’ FCA actions. That is exactly what happened ...
In our last article, we discussed the pre-suit notice requirements in the West Virginia Consumer Credit and Protection Act, one of the primary consumer protection statutes under which plaintiffs bring claims related to consumer loans, leases, and credit sales. Recently, one defendant moved to dismiss a case based on an alleged failure in a pre-suit notice and learned that not only was the notice adequate, but the failure to provide a notice may not be fatal to a consumer’s claims ...
Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally exists for products-related claims as opposed to pure defect claims ...
