Texas Lawyer | Analysis|Expert Opinion
By Susan Myres | May 25, 2022
At the beginning of the collaborative process all parties must sign an agreement that they will not go to court. As a result, if the process does not work, the attorneys must withdraw, and the parties must select new attorneys.
The Legal Intelligencer | News
By Aleeza Furman | May 20, 2022
The new rule raises the maximum in certain instances by changing the limit to "an amount equal to the jurisdictional limit for compulsory arbitration of the judicial district in which the action was filed," rather than the previous $25,000 cap.
By Myrna Barakat | May 17, 2022
In this article, the author describes traditional ADR mechanisms, namely arbitration and mediation, and the attributes of an effective arbitrator and mediator. She then covers Med-Arb, a lesser-known mechanism, and discusses dispute avoidance measures, which are gradually gaining traction.
Texas Lawyer | Best Practices|Q&A
By Kenneth Artz | May 13, 2022
"Given the supply-chain challenges that are still playing out across the globe, we anticipate a steady flow of new business disputes for the foreseeable future."
The Legal Intelligencer | Commentary
By Charles F. Forer | May 12, 2022
When the other side sought to avoid arbitration—howling, "we can't afford to pay an arbitrator" —Bob barreled into court. He sought an order directing respondent to proceed to arbitration "in accordance with the unambiguous provisions of the governing arbitration provision."
New York Law Journal | Analysis
By John Feerick and Linda Gerstel | May 4, 2022
Identifying the need and promoting the use of facilitation not only when a crisis hits the front pages of our newspapers but also in a pre-dispute setting would be an important first step in launching the field to assist with multi-player and stakeholders' disputes.
By Mark A. Berman | May 2, 2022
Can a series of emails constitute an enforceable settlement agreement? Yes, but it depends.
New York Law Journal | Analysis
By David E. Schwartz and Emily D. Safko | April 27, 2022
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (SASH Act) amends the Federal Arbitration Act to prohibit employers from enforcing predispute arbitration agreements or joint-action waivers relating to sexual assault or sexual harassment disputes brought under federal, tribal or state law.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg and Sarah Biser | April 21, 2022
Recently, the U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions for confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying dispute involves a federal question.
By Zack Needles | Alaina Lancaster | April 19, 2022
In this episode, Law.com's Bruce Love speaks with Andrii Humenchuk, GC at Evo, the largest ecommerce company in Ukraine, and Tai-Heng Cheng, co-head of Sidley's international arbitration and trade practice.
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