New York Law Journal | Analysis
By Matthew Solum | August 20, 2021
Though it may seem challenging to secure injunctive relief in a private arbitration rather than in the court system, the reality is that litigants have a variety of options and, in fact, can leverage both the speed and expertise of arbitrators and the power of the courts in order to secure meaningful relief.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 16, 2021
The past 50 years have seen an incredible increase in the use of arbitration as a preferred method for the resolution of disputes. As a result, articles, books, and legal opinions have emphasized the need to carefully draft mandatory arbitration provisions and the care that must be taken to assure that such provisions are not waived.
By Zack Needles | August 12, 2021
With hopes of beginning in earnest to chip away at growing case backlogs this fall potentially dashed by the Delta variant, judges are increasingly looking to clear room on their dockets by pushing civil litigants to settle.
By Cedra Mayfield | August 9, 2021
The founder and CEO is Marcie Dickson. And ex-American Bar Association President Linda Klein is among Alterity Resolution Services' 15 founding members.
By Cedra Mayfield | August 9, 2021
The founder and CEO is Marcie Dickson. And ex-American Bar Association President Linda Klein is among Alterity Resolution Services' 15 founding members.
By Alaina Lancaster | August 6, 2021
Cooley's privacy chair shared why his team has already ushered four multidistrict privacy class actions to settlement this year and how deals are made in the COVID-19 era.
By Peter A. Halprin and Giulio Zanolla | August 6, 2021
Mediators, parties, and counsel should look to virtual mediation as a tool in their dispute resolution arsenal that undeniably increases flexibility and reduces cost. And it may be that, depending upon the nature of a dispute and the needs of the parties, a combination of virtual and in-person processes can be used to get the benefits of both worlds.
By Martin Jackson and Manuel Valderrama | August 6, 2021
The authors propose that arbitration institutions adopt an opt-out rule (rather than opt-in rule), which expressly confers arbitrators with the exclusive right to correct errors or mistakes in arbitral awards for a limited period not to exceed 30 days from issuance of the award.
By Jay G. Safer | August 6, 2021
When will courts allow a nonsignatory to compel a signatory to arbitrate under an arbitration agreement? When will courts allow a signatory to compel a nonsignatory to arbitrate under an arbitration agreement? What doctrines have the courts recognized as applying to nonsignatories and arbitration? This article will focus on these questions and offers an overview of possible routes to nonsignatory arbitration.
Daily Business Review | Commentary
By Cristina Rodriguez | August 6, 2021
Careful attention to the drafting of dispute clauses in contracts is an important factor in tailoring the process to meet each business' unique needs.
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