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Category: ADR

West Virginia Business Court Division 2020 Annual Report

ADR
Posted on March 16, 2021January 24, 2023

The West Virginia Business Court Division recently issued its 2020 Annual Report.   A copy of the report can be found here. General background This nine-year…

Innovative Proposal to use Philadelphia’s Business Court as a Vehicle for Mediating Covid-19 Commercial Disputes

ADR
Posted on April 30, 2020June 15, 2023

A recent article in Philadelphia’s Legal Intelligencer posits using the Philadelphia Commerce Court as a vehicle for implementing an early and aggressive commercial mediation program…

Rhode Island Business Court Rules that Arbitrator Decides Arbitrability if Governing Arbitration Rules Provide that Authority

ADR
Posted on February 19, 2020February 6, 2023

Following up on last week’s discussion of who decides arbitrability, Rhode Island business court judge Richard A. Licht recently issued an opinion on the same…

Wisconsin Business Court Rules: (1) Arbitrators had Contractual Mandate to Decide Arbitrability; (2) Case Stayed as to Parties to Arbitration Agreement Only, but can Proceed Against Other Parties

ADR
Posted on February 13, 2020February 6, 2023

Wisconsin Business Court Judge Michael Aprahamian addressed the issue of whether the court or an arbitrator decides arbitrability. In this case, the role went to…

West Virginia Business Court Division’s 2019 Annual Report

ADR
Posted on February 4, 2020February 6, 2023

In late 2012, West Virginia’s Supreme Court of Appeals established the Business Court Division of West Virginia’s Circuit Court. The Business Court Division recently made…

Wyoming Supreme Court Adopts Draft Rules for Chancery Court, Pending Comment and Adoption of Final Rules

ADR
Posted on January 9, 2020January 25, 2023

On December 30, 2019, Wyoming’s Supreme Court adopted draft rules of civil procedure for Wyoming’s new Chancery Court.  The order provides for a period of…

Philadelphia Commerce Court Holds Common Law Indemnity Claim Outside Scope of ADR Agreement

ADR
Posted on January 6, 2020June 15, 2023

In James D. Morrissey, Inc. v. FedEx Ground Packaging System, Inc., Philadelphia Commerce Court Judge Nina Wright Padilla held that an arbitration agreement only encompassed…

ABA Publishes First of its Kind Business Courts Primer

ADR
Posted on November 20, 2019January 25, 2023

The ABA’s Section of Business Law just published The Business Courts Benchbook: Procedures and Best Practices in Business and Commercial Cases. A link to the new…

Business Court Forms Re Case Management

ADR
Posted on October 21, 2019June 30, 2023

A number of business and complex litigation courts have created standardized forms for use by their judges and practitioners. We have previously posted some of…

West Virginia’s 2018 Business Court Division Annual Report, and a Note on “Resolution Judges” as Mediators

ADR
Posted on March 6, 2019January 26, 2023

Last week, West Virginia’s Supreme Court of Appeals released its 2018 Annual Report on the Circuit Court’s Business Court Division (BCD). A copy can be…

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