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., 342 NLRB 982 (2004) (declining to extend coverage of the National Labor Relations Act (“NLRA”) to individuals with disabilities on grounds that these individuals, where working in a rehabilitative setting, are not employees); Cases involving the applicability of United States Postal Service, 371 NLRB No. 7 (2021) (refusing to find a pre-disciplinary interview right to information, including the questions to be asked in the interview); Cases involving the applicability of ABM… [read post]
3 May 2023, 6:04 am by Dan Bressler
‘In those instances, you are an adjudicative officer and people don’t feel comfortable if there is a conflict.'” “And although mediations typically avoid conflict issues because a mediator has less power than an arbitrator, Sorondo said the conflicts also bled into mediation at times. [read post]
3 May 2023, 4:45 am by Eric B. Meyer
Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to. [read post]
2 May 2023, 2:30 pm by Sean Hayes
Alternatively, the parties may prefer to agree to resolve disputes by arbitration, in which case an arbitration clause will be included in the agreement. [read post]
2 May 2023, 7:35 am by OxFirst
Cyrille AMAR has participated as lead or co-counsel to more than 20 litigations about standard essential patents, before courts and arbitral tribunals. [read post]
In response, the principal sought an injunction barring the LLCs from proceeding outside of arbitration because the principal’s employment agreement contained a broad arbitration provision that encompassed all of the parties’ disputes. [read post]
2 May 2023, 4:19 am by Charles Sartain
Delegation to arbitrability to the arbitrator included the decision on the scope of the issues to be arbitrated and those that would not be. [read post]
2 May 2023, 2:57 am by Matrix Law
Z o.o. and others v Jakubowski and others, heard 28th February 2023 Thaler v Comptroller-General of Patents, Designs and Trade Marks, heard 2nd March 2023 The Manchester Ship Canal Company Ltd v United Utilites Water Ltd No 2, heard 6th March 2023 London Borough of Merton Council v Nuffield Health Ltd, heard 7th March 2023 R (on the application of Palmer) v Northern Derbyshire Magistrates Court and another, heard 8th March 2023 R (on the application of Toraane and… [read post]
This includes representing them in FINRA arbitration, which is where such claims against broker-dealers and their registered representatives are usually brought. [read post]
1 May 2023, 7:29 pm by Sean Hayes
  Ways exist, for many companies, to enforce arbitration awards outside of Korea (Enforcement of Foreign Judgments in Korea). [read post]
1 May 2023, 7:18 pm by Ronald V. Miller, Jr.
Are wrongful death beneficiaries bound by an arbitration agreement when bringing a wrongful death claim? [read post]
1 May 2023, 4:39 pm by Inu Manak
The starting point for the discussion is the recently published book Manifestations of Coherence and Investor-State Arbitration (Cambridge University Press, 2023), authored by Charalampos Giannakopoulos. [read post]
1 May 2023, 3:49 pm by Stephen Rosenberg
Throughout all areas of the law, plaintiffs’ lawyers operate on the belief that the availability of a jury is favorable to them, that they have a chance to win regardless of the strength of a particular case so long as they can just get to a jury (in other words, manage not to lose at the motion stage or be forced into a bench trial or an arbitration) and that the settlement value is higher if the defendant or its insurer has to contend with the vagaries of a jury. [read post]
1 May 2023, 9:51 am by The White Law Group
    FINRA Dispute Resolution is an arbitration venue for investors with claims against their brokerage firm or financial professional. [read post]
1 May 2023, 1:13 am by Ralf Michaels
This rule leads the Chamber to consider the UNIDROIT Principles and it decides to apply them on the basis of the so-called negative choice —a discussed solution in the world of arbitration—, admitted by the Preamble of the Principles. [read post]
30 Apr 2023, 8:01 pm by Jacob Katz Cogan
Contents include:ArticlesLewis Graham, Liberty and Its Exceptions Shaun Matos, Arbitration Agreements and the Winding-Up Process: Reconciling Competing Values Nicola Sharman, Objectives of Public Participation in International Environmental Decision-Making CL Lim & Ryan Martínez Mitchell, Neutral Rights and Collective Countermeasures for Erga Omnes Violations Margaret A Young & Georgina Clough, Net Zero Emissions and Free Trade Agreements: Efforts at Integrating… [read post]
30 Apr 2023, 4:53 pm by Jacob Katz Cogan
Na prática do Direito Internacional dos Investimentos, os acordos de proteção dos investimentos bem como a jurisprudência arbitral têm se referido às expectativas inequívocas e razoáveis dos investidores para analisar os efeitos desapropriatórios das medidas regulatórias do Estado. [read post]
30 Apr 2023, 4:36 pm by Jacob Katz Cogan
Rogers, Reconceptualizing the Party-Appointed Arbitrator and the Meaning of Impartiality Minhao Benjamin Chen & Zhiyu Li, Courts Without Separation of Powers: The Case of Judicial Suggestions in China       [read post]