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New Arbitration Appellate Procedures Change Playing Field
Franchisors have historically struggled with whether to include provisions calling for mandatory arbitration of all franchise disputes in their franchise agreements. One of the main complaints about arbitration from franchisors and franchisees alike ' and a reason many franchisors opt not to include arbitration provisions in their franchise agreements ' has been the lack of an effective appeal process. Until recently, arbitration awards obtained under the American Arbitration Association (AAA) Arbitration Rules could only be appealed through the courts, and only for very limited and uncommon reasons ' generally, arbitrator bias or an arbitrator's refusal to allow a party to submit appropriate evidence. If the arbitrator blatantly ignored the law or facts, there was little a party could do.
The rules have now changed for franchisors attuned to the recent amendment of the AAA's Arbitration Rules. Under the AAA's new Optional Appellate Arbitration Rules (New Rules), which became effective on Nov. 1, 2013, parties can now appeal arbitration awards for errors of law made by the arbitrator that are material and prejudicial, and for determinations of fact by an arbitrator that are clearly erroneous.
The Processes
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?