New York Law Journal | Analysis
By Robert D. Lang and Andrew D. Harms | November 29, 2017
In the experience of authors Robert D. Lang and Andrew D. Harms, the plaintiff's attendance at a mediation can mean the difference between a swift resolution, and none. They explain why, both from the plaintiff's and defendant's perspectives.
New York Law Journal | Analysis
By Larry S. Schachner | November 27, 2017
Larry S. Schachner writes: In most instances, deciding to mediate or litigate is a key moment in the life of a case.
New York Law Journal | Analysis
By Christopher Ryan, Jonathan Greenblatt, Henry Weisburg | November 27, 2017
Christopher Ryan, Jonathan Greenblatt, Henry Weisburg write: Accessing international investment law protection may allow foreign investors to protect themselves against certain adverse government action. Applying at ounce of prevention that the earliest possible stage can give investors a degree of security otherwise not available to them.
By Michael Dolinger | November 27, 2017
Michael H. Dolinger writes: Success in mediation depends not only on the skills of the mediator, but on the approach of counsel and clients.
New York Law Journal | Analysis
By Michael Weber | November 27, 2017
Michael Weber writes: As the U.S. Supreme Court again revisits issues related to employment arbitration agreements in a series of cases involving class and collective action waivers, we revisit the advantages and disadvantages of implementing a workplace arbitration program.
New York Law Journal | Analysis
By Noah J. Hanft | November 27, 2017
Noah J. Hanft writes: Considering the similarly common elements between corporate and broader cultural/humanitarian disputes, and applying some of the ADR strategies discussed herein, could potentially result in a safer, more inclusive and peaceful world for all. It is definitely worth the effort.
New York Law Journal | Analysis
By Javier Rubinstein, Lucila Hemmingsen and Jonathan Levin | November 27, 2017
Javier Rubinstein, Lucila Hemmingsen and Jonathan Levin discuss the new London Court of International Arbitration report, which compares costs of cases administered by the LCIA between Jan. 1, 2013 and Dec. 31, 2016 with an estimate of the costs for those same cases had they been administered by competing institutions that use ad valorem cost calculation methods.
By Lawrence R. Jones | November 20, 2017
What to do when a third party unofficially controls your client's decisions.
By Charles Toutant | November 17, 2017
A New Jersey appeals court set aside an order by a Superior Court judge compelling arbitration in a suit against U.S. Home Corp. by the Greenbriar Oceanaire Community Association.
By Karen Chesley | November 16, 2017
Parties drafting arbitration clauses should affirmatively select who decides questions of arbitrability.
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