New York Law Journal | Analysis
By John Fellas | March 25, 2022
In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully explained why these two situations should be treated differently.
By Ellen Bardash | March 24, 2022
The Second and Ninth circuits saw the most settlements in 2021, according to a new report from Cornerstone Research.
By Angela Turturro | March 21, 2022
In this Special Report: "Avoiding Pitfalls in Preparing a Mediation Term Sheet," "How Shall I Divorce Thee? Let Me Count the Ways," "Disclosure in International Arbitration: A Rational Approach," "New York Holds Sway as a Preferred Arbitral Seat as Demand for International Arbitration Soars" and "Utilizing a Special Master/Referee in Complex Litigation: A Mediator's Personal Account."
By J.P. Duffy | March 18, 2022
This article examines how international arbitration rationalizes the discovery process and keeps parties focused on the real issues that matter.
By John M. Delehanty | March 18, 2022
If the term sheet contains all of the material terms of the parties' agreement and is expressly made enforceable in the absence of a more formal agreement, it should be sufficient to withstand collateral attack and end litigation over the underlying dispute.
By Jeffery Commission and Christiane Deniger | March 18, 2022
As a global financial and commercial hub, New York meets the venue requirements of a variety of cross-border disputes with its neutral courts, well-developed body of complex commercial law, and deep bench of arbitrators, institutions and lawyers.
By Larry S. Shachner | March 18, 2022
A Special Master can help move cases forward and can reduce the burden on the Judge assigned to the case as well as saving time and money for the litigants.
By Daniel H. Stock | March 18, 2022
In New York, there are five ways to resolve disputes arising during a divorce: litigation; arbitration; private mediation; court-sponsored mediation; court-sponsored "early neutral evaluation"; and Collaborative Divorce.
By Gary Fowler | March 17, 2022
"Noncompete litigation quickly generates high economic and non-economic costs. In addition to attorney fees and costs preparing for the temporary injunction hearing, emergency requests to preserve and obtain electronic evidence are typical and create forensic expense," writes Gary Fowler, a JAMS neutral based in the JAMS Dallas Resolution Center.
The Legal Intelligencer | Commentary
By Stephanie L. Jablon | March 17, 2022
With the help of a full collaborative team, the parties in a divorce can organically arrive at the best solutions to meet their needs.
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