Litigation and Alternative Dispute Resolution


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The Indiana Court of Appeals upheld a trial court’s decision prohibiting a Fort Wayne television station from broadcasting the trial court’s audio recording of a criminal sentencing hearing. This decision addresses a topic that has been a subject of national debate—cameras in the courtroom. Because this case touches on such a hotly debated topic, it is worth pointing out that some of the Court of Appeals’ reasoning does not stand up to scrutiny. While the Court of Appeals’ concerns about publicizing trial court proceedings may provide a sufficient reason to prohibit the broadcast, the practice of many courts undermines the Court of Appeals’ conclusion that there is no difference between allowing WPTA-TV to record the proceedings and allowing WPTA-TV to make a court’s recording publicly available.

Read more: Cameras in the Courtroom?


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Most people avoid litigation like the plague, and for good reason. Litigation can be expensive and risky. We lawyers are pretty cool people, but, let’s face it, you only want to spend so much time with us.

Even though you may have a thoughtful and well-intentioned aversion to litigation, you still could find yourself in a lawsuit, forced to resolve an important issue in your life through the courts.

Read more: Day-to-day Practices to Promote Litigation Success


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As a current practice, expedited procedure rules have been introduced as a remedy against the rising time and costs of arbitration proceedings, in principle, to be applied if the amount in dispute does not exceed a certain threshold. International arbitration aims to resolve disputes in a timely and cost-efficient manner, which would be achieved through a special procedure to be applied in order to ensure this efficiency.

Current issues in expedited procedures, which are found under various institutional arbitration rules, shall be analyzed in this newsletter article.

Read more: Current Issues in Expedited Procedures in Arbitration


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Introduction

The effect of the principle of separability on determination of the law applicable to arbitration agreements was examined, and the doctrine and court opinions were summarized in the July, 2017, issue of the Newsletter1. As mentioned in the said article, the arbitration agreement may be governed by the law applicable to the underlying contract, or by a different law. In such case, the arbitration agreement can often be governed by the law of the seat of arbitration or some national laws and international principles. In this article, certain court decisions and arbitral awards supporting the aforesaid opinions have been compiled.

Read more: The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration...


United Parcel Service Inc. (UPS) is suing the European Commission before the General Court of the European Union for €1.7 billion in compensation for damage it claims to have suffered when the Commission wrongly vetoed its attempted takeover of parcel delivery rival, TNT Express NV (TNT).

The above follows the General Court's decision to uphold the appeal by UPS in March 2017 and agreeing that the Commission had been wrong in blocking the deal.

Read the entire article.