By Suzette Parmley | December 23, 2020
Justice Barry Albin said "for an arbitration provision in a retainer agreement to be enforceable, an attorney must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client."
New York Law Journal | Analysis
By David C. Singer | December 23, 2020
Commercial arbitration is flourishing in New York because parties voluntarily agree that arbitration is the preferred method for addressing and resolving disputes that may arise from their contractual relationships. For a wide range of reasons, the freedom of contracting parties to make that choice is a good thing.
Daily Business Review | Commentary
By Rick Ellsley | December 22, 2020
As we all know, courts throughout Florida have halted in-person jury trials for almost all of 2020 due to COVID-19. Unfortunately, despite the prospect of a vaccine being widely distributed and available in the coming months, it remains unlikely that there will be in-person civil jury trials in 2021 and maybe through 2022.
By Graham Smith-Bernal, Opus 2 | December 17, 2020
Even before the pandemic, arbitration hearings were well ahead of the rest of the profession in adopting virtual and hybrid technology as a more efficient way of resolving international disputes. COVID-19 shutdowns have only propelled virtual and hybrid dispute into prominence.
By Dan Roe | December 15, 2020
Three young attorneys and a law student have founded a group to trade information and help attorneys under 35 break into the region's highly competitive international arbitration practice.
New York Law Journal | Analysis
By Abby Tolchinsky, Ellie Wertheim and Sarah Perlman | December 15, 2020
While there is always a role for the traditional, case-oriented legal work of addressing grievances one case, complaint, or client at a time, this moment of far-reaching and deep need calls for solutions on a broad scale. Enter community lawyering: a less conventional, more expansive model of legal practice.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | December 14, 2020
In this pandemic period, as courts are limited in their ability to conduct civil trials, parties increasingly consider whether and how to settle their disputes through arbitration.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 14, 2020
While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.
By Jessica Seah | December 8, 2020
U.S. parties rank consistently among top foreign users of the arbitral institution.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | December 7, 2020
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss 'U.S. v. Novelis et al.' and other developments. Practitioners should understand how arbitration was used in 'Novelis' and how the Division is likely to use it in the future.
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