Parties may agree on the extent of privilege and disclosure, and these terms are typically set out in the arbitration agreement. There is no presumption under U.S. law for the application of confidentiality in arbitration. Parties may publicise the proceedings or information learned in the ...
Arbitration typically involves settling a legal dispute without going to trial in a public courthouse. Since trials can be expensive and time-consuming, arbitration can benefit many people. During arbitration, much as in a courtroom, a third-party listens to both sides of a legal disagreement. Th...
Increasingly, however, concerns have grown that they can be used to keep details out of the public eye, since arbitration proceedings are typically not made public. "The original purpose, from my view ... was that it would allow for a faster, more efficient and more expedient process...
Users are told that they must notify Instagram of an opt-out in writing within 30 days of becoming subject to the arbitration clause. This means a user would have 30 days from the day the user agrees to be bound by the terms, which is typically the day a user completes sign-up for a...
Arbitration, however, typically follows a more structured timeline, leading to faster resolutions but potentially less thorough exploration of issues compared to negotiation. 5 ADVERTISEMENTComparison Chart Definition Direct discussions to reach agreement Third-party decision-making process 6 Formality Informal...
Typically, the corporate veil will be pierced when the company is incorporated for an illegal, fraudulent or improper purpose; however, it can also be pierced if, when incorporated, ‘those in control expressly direct a wrongful thing to be done’. In EnerWorks Inc v Glenbarra Energy ...
Proceedings in Dutch courts are typically conducted in Dutch; therefore, written and oral submissions of the parties must be delivered in Dutch. However, if Amsterdam is chosen as the seat of arbitration and the parties are in agreement, setting-aside proceedings can be conducted in English be...
Typically, the costs are shared by the parties involved, though specific arrangements can vary. 8 When is arbitration preferred? Arbitration is preferred when parties seek a definitive and enforceable resolution to their dispute. 7 Can you appeal an arbitration decision? Generally, arbitration decisions...
Arbitration rules are relatively easy to understand, and the procedures focus more on the substantive issues in the dispute unlike litigation which has numerous procedural technicalities to be adhered to. In arbitration, parties in the dispute or the arbitration tribunal have a choice to follow ...
(For those with no background on these clauses, according to Herbert Smith Freehills: “asymmetric jurisdiction clauses are common in the financial sector, and typically require one party to bring proceedings in one jurisdiction only, while the other (usually the financial institution) may choose ...