New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | February 14, 2019
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases which show the Commercial Division recognizes that circumstances may require binding nonsignatories to arbitration agreements. The direct benefit theory of estoppel and agency is the most frequent reason that demands for arbitration are granted against nonsignatories. Individuals and businesses would do well to be mindful of these theories when interacting with business partners and affiliates lest they find themselves in an unexpected arbitration.
Daily Report Online | Commentary
By Peter "Bo" Rutledge and Amanda W. Newton | February 14, 2019
Like most conventional narratives (about the court and otherwise), this one contains an element of truth but masks a much more complex, if subtle, pattern in its jurisprudence.
By Dan Packel | February 13, 2019
2018 saw more investor-state cases filed than any previous year, an indicator that parties may be getting more outside help to advance their claims.
The Legal Intelligencer | Commentary
By Charles F. Forer | February 11, 2019
Bob is not currently representing any clients in arbitration proceedings. In view of his past mistakes, described in my past articles, Bob's “withdrawal” from appearing in arbitration proceedings may be a good thing—at least for his clients.
By P.J. D'Annunzio | February 8, 2019
"If the New Jersey Supreme Court has not yet declared a consumer contract to be an absolute prerequisite to the application of the 'Atalese' 'explicit waiver' rule, it has been elevated to the status of a very critical factor," Judge Kevin McNulty said.
By Lucila I. M. Hemmingsen and Nathaniel E. Haas | February 8, 2019
The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
Connecticut Law Tribune | Commentary
By Harry N. Mazadoorian | February 7, 2019
The issue of the “Vanishing Trial” has been a topic of discussion for the past several decades, with numerous articles, conferences and symposia…
The Legal Intelligencer | News
By P.J. D'Annunzio | February 6, 2019
Despite the existence of a financial relationship between an arbitrator and an insurance company lawyer involved in an arbitration, it did not affect the outcome of the case, an appeals court has ruled.
Connecticut Law Tribune | Expert Opinion
By Shari L. Klevens and Alanna Clair | February 6, 2019
While there may be increased scrutiny on the use of confidentiality clauses in settlement agreements as a result of recent developments, as it stands confidentiality clauses can help protect the interests of all parties when utilized properly.
By Shari L. Klevens and Alanna Clair | February 6, 2019
While there may be increased scrutiny on the use of confidentiality clauses in settlement agreements as a result of recent developments, as it stands confidentiality clauses can help protect the interests of all parties when utilized properly.
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