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No-Fault Arbitrator Reform! ( January 2007 )
By now all of us are aware of the changes to Insurance Department Regulation 68 and the way these changes will affect our quest to ensure that our clients receive their full measure of benefits due them under the No-Fault Law. We are all likewise familiar with the arbitration process currently administered by the American Arbitration Association (A.A.A.) under the aegis of the Insurance Department, as well as the procedures in place for review of Arbitration decisions by Master Arbitrators. -
Canadian Law on International Commercial Arbitration ( June 2005 )
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes. However, economic liberalization and technological change over the last two decades have profoundly altered the global economy. -
Domestic Commercial Arbitration in Canada ( April 2005 )
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings. -
Alternative Dispute Resolution Basics for Those in Business ( July 2005 )
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms – commonly referred to as ADR -- to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process through which the parties meet and try to negotiate a resolution to their dispute by using an objective third-party facilitator. Arbitration is a process that results in a binding decision that the parties can seek to enforce through the courts. Outlined below are the basics that can be expected in the typical mediation or arbitration. -
How Does Arbitration Differ From Mediation and Civil Litigation? ( May 2004 )
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms – commonly referred to as "ADR" – to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process in which the parties use an objective third-party facilitator to try to negotiate a resolution to their dispute.
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