By Cheryl Miller | November 30, 2022
Outgoing Chief Justice Tani Cantil-Sakauye told reporters that the state bar needs more money to improve its disciplinary system and that the agency "has so much more potential" to do such things as regulate mediators and increase access to legal help.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | November 21, 2022
Companies like Uber and Lyft have buried arbitration clauses in their terms of service, and then invoked them when sued by their passengers. For this reason, it is important that personal injury attorneys have some basic fluency in the principles that apply when courts are asked to evaluate when a case can or should be sent to arbitration.
By Apoorva Patel, Christiane Deniger and Joe Durkin | November 18, 2022
The construction industry is likely to remain in flux in the upcoming years, and legal finance will serve as an essential tool for parties in construction disputes.
By Erin Thomas, Monique O'Donoghue and Catherine Karia | November 18, 2022
Using recent developments in case law from across international jurisdictions, this article highlights common drafting pitfalls and offers practical guidance for crafting effective, enforceable arbitration clauses. The key message is to keep your drafting clear, concise and simple.
By Erin E. Gleason Alvarez | November 18, 2022
The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
By David Berkey | November 18, 2022
People do not always solve their disputes without the aid of others. In this article, David Berkey discusses the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.
By John M. Delehanty | November 18, 2022
A passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.
The Legal Intelligencer | Commentary
By Charles F. Forer | November 15, 2022
An agreement to arbitrate arbitrability doesn't have to be in writing. A court will conclude that a party agreed to have the arbitrator decide arbitrability as well as merits issues, even without the party's written consent, if the party willingly participates in the arbitration without objecting to the arbitrator's jurisdiction or authority.
By Adolfo Pesquera | November 8, 2022
As of today, this equates to a valuation for FanDuel of $22 billion and a cost of $4.1 billion for FOX, twice what the company asserted it should have to pay.
New York Law Journal | Analysis
By John Fellas | November 8, 2022
In his International Arbitration article, John Fellas argues that "the notion that an arbitration agreement should be treated just like every other contract—the equal footing principle—is an inadequate ideal for arbitration. Some 'arbitration-preferring procedural rules,' as Justice Kagan calls them, are essential to the efficacy of arbitration precisely because 'arbitration contracts' are not 'like all others.'"
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