Exponent’s Post

The new issue of KLC's Arbitration Newsletter is out! You can read it here 👉 https://bit.ly/48259O4 #klc #arbitration #newsletter

Check out the latest Attorney at Law Magazine Raleigh issue, featuring Law Firm of the Month Gordon Rees Scully Mansukhani, LLP, interviews with the warden of FCC Butner, attorneys Joe Dickinson and Amiee Nwabuike, and more. #latestissue #attorneyatlawmagazine

We could not be more proud to share with you the definitive version of the 2024 Unibo | Ravenna Summer School on transnational litigation presentation. Please find the presentation below to learn about this edition of the Summer School. #Ravenna #Summerschool #transnationallitigation

Trial & cracked-trial to be paid; It was not one continuous trial Generally, these cases involve little legal substance, this one however is quite interesting and well-argued https://lnkd.in/ex2Fa3EH

Every Contract DIES Eventually If you are in business, you have to deal with contracts. Though people are usually optimistic about their future in business, the hard reality is that all contracts come to an end, eventually. All too often, the end of a contract marks the start of turmoil and legal battles. You can mitigate those headaches in advance, by including one simple clause into all of your contracts, right now. Simply, insert our FREE Arbitration Clause into your existing contracts. www.neucourt.com

https://lnkd.in/dYzSgpBB circuit 1 Chapter 3 Lec 1

Gain Insights into the New Anti-Corruption Law Our latest Rock Center Short features Patrick Stokes, Partner and Co-Chair of the Anti-Corruption and FCPA Practice Group at Gibson Dunn. In this engaging discussion, Patrick and our Co-Director Kristen Savelle delve into the nuances of the recently enacted Foreign Extortion Prevention Act (#FEFA). The FEFA, a new statute running parallel to the #FCPA, introduces new dimensions to the prosecution of foreign officials and bribe payers. It sheds light on the supply side of the bribe, opening new avenues for combating corruption globally. Key Highlights from the Conversation: - FEFA's scope and its reach in tackling corruption on an international scale - Notable distinctions between FEFA and the Foreign Corrupt Practices Act, providing insights for legal practitioners and compliance professionals - Implications for the anti-corruption community and how it may shape anti-corruption efforts. Thank you, Patrick Stokes and Kristen Savelle for shedding light on this critical aspect of anti-corruption legislation! #AntiCorruption #FEFA #FCPA #Corpgov #EthicalBusiness #LegalInsights View here: https://lnkd.in/gU7zuAEA

Read our articles on local law firms - https://lnkd.in/eg_udNeu

Rejoice! The new issue of Attorney at Law Magazine is now on-line!

Those interested in appeals from arbitral awards may want to read the decision of the BC Court of Appeal in Hudson’s Bay Company v. Piret Holdings, refusing leave to appeal. I'm grateful to Robert Deane for pointing me to this case, which is both encouraging and discouraging. https://lnkd.in/gU9Eh5ZZ The BCCA per Saunders JA properly refused leave to appeal an award issued in a rent reset arbitration. The applicant Hudson's Bay Company argued that the arbitrator had failed to address a fundamental question in the dispute, but the Court found that the arbitrator did not fail to address the question, so there was no extricable error law and no grounds for appeal. The encouraging part of the decision is the Court's statement that "this appears to me to be an arbitration award that fits well within the class of questions that are intended, by contract, to be submitted to a single decision maker without resort onward to the courts." The Court thus correctly identified the parties' decision to submit their dispute to arbitration as a relevant factor, and appropriately identified the path to court review in such cases as a narrow one. The confounding part is that The Bay's argument was, in essence, that the arbitrator had ignored a key line of argument it had advanced. The Court found that the arbitrator had in fact dealt with that argument, and properly slapped down The Bay's attempt to identify an extricable error of law. Nevertheless, I remain concerned by the BC courts' willingness to "extricate the inextricable". The problem lies in an obiter dictum, in which Madam Justice Saunders observed that, "Were it clear to me that the arbitrator had failed to address a threshold question in the arbitration, I would agree that the necessary question of law ... had been identified so as to support the granting of leave to appeal." I cannot concur. If the arbitrator had failed in the way The Bay alleged, it should not be characterized as an error of law, but rather as either a failure to fulfil the arbitrator's mandate (failure to resolve an issue put to arbitration) or unfair process (failure to accord a party a reasonable opportunity to make its case). Either way, the proper remedy would be set-aside, not appeal. In short, while this decision came out right, confusion between the relative domains of appeal and set-aside persists, and the BCCA's unfortunate decision in Escape 101 Ventures v March of Dimes continues to haunt the BC case law on appeals from arbitral awards.