The Legal Intelligencer | Commentary
By Craig R. Tractenberg | October 5, 2023
It makes a difference whether the determination is an arbitration or an expert decision. We see these clauses frequently. Something similar to "The franchise buyout price shall be determined by submission by each side's appraiser, whose reports shall be submitted to a third, whose decision shall be binding."
The Legal Intelligencer | Commentary
By Lindsay A. Nemit | October 5, 2023
Instead of the adversarial nature of the courtroom, a mediation session fosters open and effective communication between spouses. Mediators encourage the parties to express their thoughts and feelings constructively, which often leads to better understanding and empathy.
By Dan Roe | October 3, 2023
Wachtell's "unethical" $70 million success fee justifies equitable relief—triggering a carveout in the firm's arbitration clause—X Corp.'s lawyers stated.
By Ross Todd | October 3, 2023
Rajat Rana, who brought his practice specializing in investment treaty arbitrations to Selendy Gay Elsberg from Alston & Bird this summer, explains why the practice is no longer just the ambit of Big Law.
By Dan Roe | September 29, 2023
Former U.S. District Court Judge Shira Scheindlin said Boies Schiller's focus on litigation, mediation and arbitration represented a better fit for her practice as a neutral.
Legaltech News | Expert Opinion
By Claudia Salomon, President of the ICC International Court of Arbitration | September 28, 2023
As AI technology evolves at a rapid pace, so do the opportunities that it will present to substitute human decision-making. As we approach this threshold, we must carefully consider and determine whether the lack of a human element in decision-making is acceptable to all those involved and whether AI might undermine trust in the process.
New York Law Journal | Expert Opinion
By Lawrence M. Pearson and John S. Crain | September 26, 2023
A discussion of how Southern District Judge Ronnie Abrams confirmed the broad scope of the 'Ending Forced Arbitration Act.' In denying a motion to compel arbitration, the court made clear that 'sexual harassment' can include any "unwanted gender-based conduct."
By Emily Saul | September 21, 2023
The Wednesday celebration at the New York City Bar Association Honored late founding chair and former Chief Judge of the New York State Court of Appeals Judith Kaye.
By Amanda Bronstad | September 18, 2023
Defense lawyers insist there's been an uptick in mass arbitration, but many plaintiffs firms remain cautious.
The Legal Intelligencer | Commentary
By Charles F. Forer | September 18, 2023
Don't get cute just because arbitration is a more informal way of resolving disputes. Make sure you have given clear and timely notice of your client's claims, defenses and damages.
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