News & Analysis as of

Arbitration Business Interruption Coronavirus/COVID-19

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

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While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

JAMS

Business Interruption and the Impact on Insurance Matters

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Three JAMS neutrals share their insights on how COVID-19 has affected the insurance industry - Few industries evaded the effects of the COVID-19 pandemic. But for the insurance industry, the effects were twofold. On one...more

Holland & Knight LLP

Food and Beverage Law Update: April 2022

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In Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. March 11, 2022), a consumer who purchased beef from retail stores filed a class action complaint against meat processors, alleging that their "Product...more

Morrison & Foerster LLP

UK Litigation - A Year in Summary

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This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

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A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

Rivkin Radler LLP

Insurance Update - September 2021

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September. Synonymous with back to school, the end of summer, and the start of the NFL season. And while the Cowboys and Bucs kicked off the season this year, another epic battle was brewing out west in the corridors of the...more

JAMS

Business Interruption and the Impact on Real Estate

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COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

Blake, Cassels & Graydon LLP

Clause d’arbitrage : rejet d’action collective fondée sur l’interruption des affaires en raison de la COVID-19

Le 14 janvier 2021, le juge Gary D.D. Morrison de la Cour supérieure du Québec (la « Cour ») a rendu une décision clé dans le cadre de laquelle il a décliné compétence à l’égard d’une demande visant à autoriser une action...more

Blake, Cassels & Graydon LLP

Court Applies Arbitration Clause to Dismiss Class Action Launched in the Wake of Covid-19 Business Closures

On January 14, 2021, Justice Gary D.D. Morrison of the Superior Court of Quebec (Court), issued an important decision, declining jurisdiction over an application to authorize (certify) a class action (Application) brought by...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

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Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

ArentFox Schiff

COVID-19 Class Action Update: Employment, PPP, Business Interruption Insurance, and Airline Refunds Drive New Litigation

ArentFox Schiff on

In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums. The Arent Fox Class Actions group has been tracking COVID-19 class...more

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

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Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more

ArentFox Schiff

New Data Shows International Arbitration Continues to Thrive

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In the past month, the Permanent Court of Arbitration (PCA) and the Singapore International Arbitration Centre (SIAC) released their annual reports. The reports reflect on the growth of the PCA and SIAC as international...more

Pierce Atwood LLP

Virtual Mediations Are Zooming Forward . . . Jump on Board

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With most of the country on stay at home orders of some variety and court closings, parties to claims, litigation, and arbitrations are adapting quickly to virtual litigation activities that are customarily done in person. ...more

NAM (National Arbitration and Mediation)

How Alternative Dispute Resolution and Technology Can Keep Your Cases Moving in the Face of Court Closures

Chief Administrative Judge Lawrence Marks’s administrative order in combination with Governor Cuomo’s PAUSE (Policies Assure Uniform Safety For Everyone) executive order eliminate all but emergency in-person legal proceedings...more

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