The Legal Intelligencer | Commentary
By Rich Lee | March 29, 2024
Our conversation highlighted three very different angles—how the mindsets of litigators and parties affect a matter, how insurance companies use ADR, and how a new effort to build gender diversity is faring. We also discussed the challenges facing arbitration and the risks they bring to this critical service.
By Colleen Murphy | March 25, 2024
"An initial scan of Section 27 reveals a series of difficult to decipher and contradictory sentences contained in a single arbitration clause," Judge Morris G. Smith said in his written opinion for the court. "The clause contains 887 words in thirty-six unbroken lines. A closer reading shows that the run-on paragraph harbors within it mutually inconsistent means for dispute resolution."
By Adolfo Pesquera | March 25, 2024
The parties have been in litigation for nearly a decade.
Daily Business Review | Commentary
By Isaac M. Marcushamer | March 22, 2024
I was shocked to learn that not only is there a robust and growing organic system of Jewish arbitral bodies, but they provide a true alternative to the court system. Indeed, there are professional advocates in the system (they look and sound like rabbis, and in fact, many of them are) who bridge the gap between secular and Jewish law.
By Andrew Denney | March 19, 2024
Elizabeth Emerson retired from the bench earlier this year after serving for 28 years in the judiciary, the last few as a justice on the Appellate Term for New York's Ninth and Tenth Judicial Districts.
The Legal Intelligencer | Commentary
By Sarah Biser and Craig R. Tractenberg | March 19, 2024
The cases are important not only because of the large size of the awards at issue, but also because arbitration is the preferred method by which the world's commercial disputes are being resolved.
New York Law Journal | Analysis
By Amy Carron Day | March 15, 2024
Is there a "nice way" to go about negotiating and signing a prenuptial agreement? After over 30 years of practice as a family and divorce mediator and collaborative divorce attorney, Amy Carron Day can tell you that yes, it is possible.
New York Law Journal | Analysis
By Leslie A. Berkoff | March 15, 2024
This article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
New York Law Journal | Analysis
By Noel L. Hillman | March 15, 2024
Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.
New York Law Journal | Analysis
By David W. Ichel | March 15, 2024
A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.
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