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Litigation and Alternative Dispute Resolution

11th Circuit Limits Securities Fraud Claims Against Broker-Dealers and Clarifies Remedies in Civil SEC Enforcement Actions

By: Amos Elberg; Berger Singerman LLP (Miami, Florida, USA)

The United States Court of Appeals for the Eleventh Circuit issued an opinion on a case involving allegations of securities fraud by a broker-dealer.  The Eleventh Circuit reached a trio of holdings: the first two holdings delineate new limits to the application of the securities fraud laws to securities intermediaries; the third..


Third DCA Clarifies Meaning of “Collateral Agreement” in Applying Arbitration Provision

By: Sasha FunkBerger Singerman LLP (Miami, Florida, USA)

Recently, the Florida Third District Court of Appeals weighed-in to clarify when an arbitration agreement contained in a “collateral” document extends to contemporaneously-executed agreements. Overturning the lower court, the Third DCA determined that the “collateral” nature of a document does not hinge on..


Turkish National Arbitration in the Civil Procedure Code - II

Contact: Erdem & Erdem (Turkey)

Some provisions of the Civil Procedure Code numbered 6100 (“CPC”) regarding arbitration have been analyzed in our previous article. In this article, we shall continue to handle the relevant provisions and Article 417 and following articles of the CPC...


Court of Appeal Overturns Noise Ruling

By: James Patten
Clarkslegal LLP (Reading, England)

In the recent case of Coventry (T/A RDC Promotions) & Others -v- Lawrence & Others [2012] EWCA Civ 26, the Court of Appeal has overturned a High Court decision made in favour of a couple who complained about noise from a nearby speedway stadium and motocross track...

Terms of Reference Pursuant To the International Chamber Of Commerce (ICC) Rules of Arbitration

Author: Att. Alper Uzun from Erdem & Erdem Law Office (Turkey)

Terms of Reference

Terms of Reference is a document provided for the usage within international arbitration law by the International Chamber of Commerce with its main purpose being the fast and efficient progress of arbitral proceedings; the content of which is drawn and executed with participation and by mutual consent of the parties and arbitrators...


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