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Mandatory Arbitration of International Environmental Claims
In his International Environmental Law column, Stephen L. Kass writes that the the Chevron saga, a 25-year battle over the environmental, legal and political issues arising over oil exploration in Ecuador, has now resurfaced in a way that sheds important light on the mandatory arbitration provisions of both existing bilateral investment treaties and, more importantly, the proposed Trans-Pacific Partnership.Class Action Trends in the Wake of 'Wal-Mart' and 'Comcast'
Mitchell C. Shapiro of Carter Ledyard & Milburn writes: The U.S. Supreme Court dealt with issues of class action certification in two separate cases earlier this decade, 'Wal-Mart' and 'Comcast'. The decisions left open certain questions, one of which the Supreme Court is due to address again. There are other issues that are still open, including the level of scrutiny to be given to settlement classes and to expert opinions rendered in connection with class certification.Class Action Trends in the Wake of 'Wal-Mart' and 'Comcast'
Mitchell C. Shapiro of Carter Ledyard & Milburn writes: The U.S. Supreme Court dealt with issues of class action certification in two separate cases earlier this decade, 'Wal-Mart' and 'Comcast'. The decisions left open certain questions, one of which the Supreme Court is due to address again. There are other issues that are still open, including the level of scrutiny to be given to settlement classes and to expert opinions rendered in connection with class certification.Selecting Arbitrators Is Critical Given Courts' Deference to Awards
Mitchell C. Shapiro writes: With ever-increasing frequency, corporate counsel have included arbitration clauses in an array of contracts and agreements, helping avoid the costs of litigation and class actions. However, despite the many benefits of arbitration, corporate counsel must exercise caution. Arbitration awards, once final, are rarely overturned.Trending Stories
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