The Legal Intelligencer | Commentary
By Abraham J. Gafni | October 17, 2022
Recently, a federal court confirmed an arbitration award in an amount in excess of $185 million in a proceeding in which the arbitrator denied the respondent the opportunity for discovery as well as an evidentiary hearing. See 245 Park Member v. HNA Group (International), No. 22-cv-1536-(JGK) (S.D.N.Y. July 25, 2022). What warranted such an unusual result?
New York Law Journal | Analysis
By Thomas E.L. Dewey | October 14, 2022
'SA Luxury Expeditions v. Schleien' is significant because it makes clear that conduct that may have the intent or effect of disparagement—but is not itself disparaging—may not breach a settlement agreement's non-disparagement clause unless such conduct is expressly prohibited by that clause.
By Zack Needles | October 14, 2022
The news and analysis you need to start your day.
Daily Business Review | Commentary
By Jason D. Silver | October 13, 2022
With arbitrations trending in litigation and the federal courts issuing major opinions on the issue, all parties need to be aware that arbitration provisions will be strictly applied in court and that arbitration may be ordered to occur.
New York Law Journal | Analysis
By Matthew Solomon and Megan Yllanes | October 11, 2022
The impact of runaway jury verdicts for defendants—and the insurance industry, in particular—has been palpable.
By Everett Catts | October 8, 2022
For 2022, as in past years, the Daily Report asked several local lawyers who serve as mediators and/or arbitrators to submit columns providing tips on how attorneys could best handle their next mediation, arbitration or other resolution case.
By Raychel Lean | October 7, 2022
"Whether the arbitrator's decision was legally correct is irrelevant because "[a]n award of arbitration may not be reversed on the ground that the arbitrator made an error of law," the ruling said.
Daily Business Review | Commentary
By Don Hayden | October 7, 2022
Miami is making up for lost time as the preeminent situs for LATAM commercial arbitration disputes. Moreover, while investor-state arbitrations face significant challenges in Europe and Asia, the lion's share of investor-state disputes continue to come out of the bilateral agreements with Latin American states, and South Florida attorneys are among the leading practitioners in that space both advocates and arbitrators.
Daily Report Online | Commentary
By Jennifer Grippa | October 7, 2022
Finding a creative and conscientious mediator makes a difference when it comes to formulating and executing the right negotiation strategies as the mediation progresses.
Daily Report Online | Commentary
By Randy Rich | October 7, 2022
Court-ordered mediation is now more common. Given that COVID-19 court delays are here to stay for the short term, I urge parties at mediation to think outside the box in how they define success in mediation.
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