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• No-Fault Arbitrator Reform! ( January 2007 )
  Marc M. Dittenhoefer of Blank, Goolnick & Dittenhoefer

  By now all of us are aware of the changes to Insurance Department Regulation 68 and the way these changes will affect our quest to ensure that our clients receive their full measure of benefits due them under the No-Fault Law. We are all likewise familiar with the arbitration process currently administered by the American Arbitration Association (A.A.A.) under the aegis of the Insurance Department, as well as the procedures in place for review of Arbitration decisions by Master Arbitrators.

• Resolving Measurement Disputes ( August 2006 )
  Benjamin A. Escobar and Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.

  Over the last several years, legal disputes involving energy companies have been on the rise, increasingly resulting in litigation before courts or arbitration panels. Both upstream and downstream businesses have experienced significant legal attack by other interests over a wide range of activities. This business hostility against energy companies is further fueled by recent news of record earnings and profits and record high prices at the pump.

• Canadian Law on International Commercial Arbitration ( June 2005 )
  David W. Kent, Markus  Koehnen and J. William F. Rowley of McMillan Binch LLP

  The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes. However, economic liberalization and technological change over the last two decades have profoundly altered the global economy.

• Domestic Commercial Arbitration in Canada ( April 2005 )
  James Kenneth McEwan of Farris, Vaughan, Wills & Murphy

  Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.

• First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees ( August 2005 )
  Amy L. Nash of Littler Mendelson, P.C.

  Calling it a "close case," the First Circuit deemed the employer's notice of a new arbitration policy insufficient to bind the employee to arbitration when he brought a claim under the ADA. The court's analysis, however, provides guidance to employers on providing adequate notice via e-mail.

• The California Supreme Court Leaves A Window Of Opportunity For Class Action Waiver Clauses In Employment Arbitration Agreements ( August 2005 )
  Henry D. Lederman and Lisa C. Chagala of Littler Mendelson, P.C.

  On June 27, 2005, the California Supreme Court issued a long-awaited decision in Discover Bank v. Superior Court, Case No. S113725, and held that, "at least under some circumstances," class action and class arbitration waiver clauses in consumer contracts are not enforceable. Although Discover Bank may not represent the best of all possible results for employers, the California Supreme Court left open a window of opportunity for the use and enforcement of class action and class arbitration waiver clauses in the employment context.