Alternative Dispute Resolution

  • Texas Lawyer | Commentary

    SCOTUS Advances Arbitrability Question in Recent Rulings

    By Mark Shank | January 28, 2019

    The U.S. Supreme Court has recently handed down two important decisions—Schein v. Archer & White and New Prime Inc. v. Oliveira—regarding the…

  • New York Law Journal | Analysis

    District Court Refuses to Vacate Sanctions Awards Following Settlement

    By Thomas E.L. Dewey | January 25, 2019

    In his Settlements and Compromise column, Thomas E.L. Dewey discusses a recent decision from the Southern District of New York, which reminds us that the parties are not the only ones who have a say in what can be resolved in a settlement agreement. Courts have an interest in preserving their authority to enforce orders and procedural rules, and parties cannot avoid the consequences of noncompliance through private settlement.

  • New York Law Journal | Analysis

    RBG and Jay-Z: A 12-Step Recovery Plan for Increasing Diversity in ADR

    By Linda Gerstel | January 24, 2019

    2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution. Jay-Z's complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.

  • New York Law Journal | Commentary

    Small Business Jobs Survival Act May Have Opposite Effect

    By David Reiss, Areeb Been Khan, Robert Levy and Juliana Malandro | January 24, 2019

    The New York City Council is considering a bill, the Small Business Jobs Survival Act, that it claims will protect small businesses even though the Act contains no protections tailored to them. Instead, the Act would implement a new lease renewal arbitration system that treats all commercial tenancies the same, allowing businesses as large as Amazon to benefit.

  • New York Law Journal | Analysis

    Fraud as a Defense Against the Enforcement of International Arbitral Awards

    By Lawrence W. Newman and David Zaslowsky | January 23, 2019

    In their International Litigation column, Lawrence W. Newman and David Zaslowsky write: Although fraudulently obtained arbitral awards are no doubt unenforceable in virtually every country, proving the taint of fraud presents legal and evidentiary challenges. A recent series of cases involving an award against the Republic of Kazakhstan shows the difficulties that can confront award debtors seeking denial of enforcement of awards against them on grounds of violation of public policy based on fraud.

  • The Recorder | Expert Opinion

    Arbitration: Is It Still Worth It?

    By Gina M. Roccanova | January 22, 2019

    Fast-food chain Chipotle Mexican Grill, Inc. has found itself at the center of the ongoing debate over mandatory arbitration provisions in employment agreements. That debate has always assumed that arbitration clauses favor employers. However, the most recent developments in a wage-and-hour case against Chipotle have called that assumption into question.

  • New Jersey Law Journal

    BAR REPORT - Capitol Report

    By New Jersey State Bar Association | January 21, 2019

    Supreme Court sides with NJSBA on arbitration agreement

  • Law.com | News

    Moonves to Fight for $120M Severance in Arbitration With CBS

    By Tom McParland | January 17, 2019

    CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.

  • Delaware Business Court Insider | News

    Moonves Plans to Battle CBS in Arbitration Over $120M Severance

    By Tom McParland | January 17, 2019

    CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.

  • Litigation Daily | News

    Ex-CBS Head Moonves to Fight for $120M Severance in Arbitration

    By Tom McParland | January 17, 2019

    CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.

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