New York Law Journal | Commentary
By Mark J. Bunim | April 19, 2022
There is no doubt that the virtual vs. in-person dilemma in insurance cases will be with us in both mediation and arbitration for the foreseeable future.
By Brad Kutner | April 11, 2022
The law firm is asking a federal judge to enforce a $34 million award granted to the companies after their property was seized in Crimea in 2014.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | April 11, 2022
What if the contract containing the arbitration agreement appears on its face to be invalid, unenforceable and against public policy under state law? Will the arbitration provision similarly be deemed unenforceable?
New York Law Journal | Analysis
By David E. Gottlieb | April 8, 2022
This article provides a discussion of the recently enacted Ending Forced Arbitration for Sexual Harassment and Sexual Assault Act, which makes unenforceable any pre-dispute arbitration agreement for any case filed that "relates to [a] sexual assault dispute or the sexual harassment dispute." As the author writes: This "relates to" language is not insignificant—it dramatically expands the scope of the law."
New York Law Journal | Analysis
By Nicholas J. Pappas | April 5, 2022
In this edition of his Employment Law column, Nicholas J. Pappas reviews the pros and cons of arbitration agreements and programs in light of Congress's recent amendment of the FAA to make mandatory pre-dispute agreements to arbitrate sexual harassment and sexual assault disputes unenforceable.
New York Law Journal | Analysis
By Myrna Barakat | April 1, 2022
In two recent cases arising from a single arbitration, the courts of England and France reached opposite results on what law governs the parties' agreement to arbitrate. These two divergent views led to two significantly different outcomes highlighting the pitfalls of international arbitration: The UK Supreme Court denied enforcement of the arbitration award while the French court upheld it. This article explores the circumstances that led to this awkward outcome and the key takeaways.
By Ross Todd | March 29, 2022
Ian Laird, the co-chair of the international dispute resolution group at Crowell & Moring, says he sees potential parallels with a batch of bi-lateral investment treaty arbitrations brought against Russia for expropriations in Crimea.
The Legal Intelligencer | News
By Aleeza Furman | March 28, 2022
A spokesman for the Allegheny County courts said a mediation program implemented by Administrative Judge Christine Ward, and using pro bono mediators from the county's Academy of Trial Attorneys, has removed 31% of cases from the trial list.
By Charles Toutant | March 28, 2022
"The lesson on the employer side is, if you want your employees bound to certain provisions, whether they be arbitration provisions or restrictive covenant provisions, do not include them in a document which says repeatedly throughout, 'this is not binding, this is not a contract of employment," said the plaintiff's lawyer Marc Garbar.
By Charles Toutant | March 25, 2022
"The lesson on the employer side is, if you want your employees bound to certain provisions, whether they be arbitration provisions or restrictive covenant provisions, do not include them in a document which says repeatedly throughout, 'this is not binding, this is not a contract of employment," said the plaintiff's lawyer Marc Garbar.
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