Notes

As the number of states with public record requirements continues to grow, attorneys and companies offering real estate settlement loans and other forms of debt relief increasingly are finding that they need additional tools to help them identify and pursue new Disputes in a timely manner. In many instances, the resources that a client needs to effectively manage Disputes will not be available at their fingertips. The ability to quickly and efficiently identify Disputes and the steps that they require to bring them before a Disputing Authority, an authoritative third-party, is often a resource that is overlooked by many commercial finance professionals. FINRA Disclosure Expungement is one such resource that can allow commercial finance professionals to obtain a temporary exemption from some state laws that may impact their ability to disburse settlement loans and other forms of commercial real estate debt relief.
Dispute resolution is commonly referred to as NDA's, or Non-Determination Agreement. Such agreements may take the form of an agreement to mediate a particular dispute or an outright modification to a previously agreed contract to add an arbitration clause. In all cases, the purpose of the agreement is to provide a means by which the disputing parties mutually agree to resolve a problem in a way that satisfies their legal and financial interests. By providing a forum through which to negotiate and agree upon a solution to a dispute, NDA's can help to ensure that the process of Dispute Resolution can occur more expediently and more fairly, thereby improving the quality of dispute resolution.

In contrast to the above-mentioned laws, there exists another form of NDA that exists in the United States and is referred to as Covid-19. Unlike most NDA's, Covid-19 is a non-binding agreement. This type of agreement provides commercial borrowers who file for bankruptcy protection with a means to avoid suffering any negative consequences from filing for bankruptcy. However, unlike most forms of NDA's which only protect parties against losses that occur after the contract is terminated, the laws governing Covid-19 require that the contract be in effect throughout the life of the debtor if the debtor is to benefit from the provisions of the agreement.

The airlines and cruise lines filed suit against the U.S. government over the new disputes chapter, claiming that the Sec. 7 annotations required them to settle any potential litigation brought forth by passengers who suffer gastrointestinal (GI) distress during travel. The complaint specifically cited nine separate potential lawsuits, including a claim brought by a passenger who died at sea while traveling from San Diego to Las Vegas on American Airlines. While not seeking MAH in this case, the plaintiffs argued that the Sec. 7 annotations violates passenger freedom of action under the Fifth Amendment, as well as due process and equal protection under the Due Process Clause of the Fifth Amendment.

In July 2021, the International Civil Aviation Organization (ICAO) launched consultations to review the application of the maritime law provisions contained in the United Nations Security Council resolution 1527 (WHOLE) on the interpretation of the term "new disputes." Among other items included in the consultations were cases from Canada, Malaysia, Australia, Japan, the Philippines, and South Africa. These states argued that they had different rights to bring claims under the United Nations Human Rights Declaration on International Civil Aviation Safety Agreements (OCAs), which they said should not be limited to cases filed within their territories. The consultations are ongoing and additional states may join the discussions. No new disputes chapters have been indicated yet.

There are two sides to every question. Having been involved in international issues for over three decades now, I can state without exaggeration that the global community needs to come up with more thought leaders on air pollution, or at least more outspoken spokespersons to express their views on the issue. If we do not hear more from the mouthpieces of major media entities on the subject and more from the mouths of the average citizen who is concerned about the alarming levels of air pollution that blankets our planet today, nothing will change in the foreseeable future. My thinkpieces on this topic appear regularly on my website. If you have not yet checked them out, why not give them a visit today?
My Website: https://mahadvising.com/services/finra-actions/new-disputes/