March 16, 2018 | New York Law Journal
Encouraging Greater Use of Mediation in International Commercial ArbitrationMediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway, it is the experience of the authors, corroborated by empirical research, that mediation has not been widely accepted as a means to reach settlement.
By Jonathan Greenblatt, Henry Weisburg, Christopher Ryan and Anna Stockamore
8 minute read
November 27, 2017 | New York Law Journal
An Ounce of Prevention: Structuring Foreign Investments to Maximize Protection and Minimize RiskChristopher Ryan, Jonathan Greenblatt, Henry Weisburg write: Accessing international investment law protection may allow foreign investors to protect themselves against certain adverse government action. Applying at ounce of prevention that the earliest possible stage can give investors a degree of security otherwise not available to them.
By Christopher Ryan, Jonathan Greenblatt, Henry Weisburg
8 minute read
August 08, 2017 | New York Law Journal
Navigating the Standards Used to Assess Arbitrator Bias in International ArbitrationChristopher Ryan, Jon Greenblatt and Henry Weisburg of Shearman & Sterling write: While party autonomy is a benefit of arbitration, the selection of arbitrators by the parties can raise similar questions of dependence and partiality that cause parties to view local courts with skepticism. The participants in the international arbitral system have recognized the potential harm that could arise from unchecked concerns over arbitrator bias and, as a result, a web of overlapping rules and ethical guidelines governing arbitrators have emerged.
By Christopher Ryan, Jon Greenblatt and Henry Weisburg
16 minute read
March 20, 2017 | New York Law Journal
Enforcing Foreign Arbitral Awards Against Foreign Corporations Registered to Do Business in NYHenry Weisburg, Christopher Ryan and Daniel Purisch of Shearman & Sterling discuss the Second Circuit's 2016 decision in 'Brown v. Lockheed Martin', which provides guidance as to how the principles established in 'Daimler' should be applied to business registration statutes and illustrates why New York courts should not be able to exercise personal jurisdiction over an award debtor solely on the basis of business registration.
By Henry Weisburg, Christopher Ryan and Daniel Purisch
18 minute read
November 28, 2016 | New York Law Journal
Ensuring Tiered Dispute Resolution Clauses Serve Their Intended FunctionChristopher Ryan, Jonathan Greenblatt and Henry Weisburg of Shearman & Sterling write: To help protect against various pitfalls, tiered dispute resolution clauses must be properly drafted. However, dispute resolution clauses often receive little attention during the drafting process despite their importance within the broader contractual framework. Inattention to this critical clause can frustrate the parties' intentions or render the clauses unenforceable.
By Christopher Ryan, Jonathan Greenblatt and Henry Weisburg
16 minute read
July 18, 2016 | New York Law Journal
A Common Right to Arbitrate: Anti-Suit Injunctions in New York and EnglandChristopher Ryan, Henry Weisburg and David Earnest of Shearman & Sterling write: An important consideration when drafting an enforceable arbitration agreement is the legal "seat" of the arbitration. Both London and New York have established themselves as favorable arbitral seats because of their willingness to compel and safeguard the efficacy of parties' agreements to arbitrate.
By Christopher Ryan, Henry Weisburg and David Earnest
29 minute read
April 05, 2013 | The Legal Intelligencer
How to Realize the Anticipated Benefits From Law Firm MergersMost mergers fail. Not just law firm mergers, mind you, but most mergers period. Studies cited in the Harvard Business Review peg the failure rate between 70 and 90 percent, a staggering figure when one considers the amount of time, energy and capital that is invested in M&A.
By Christopher Ryan and Matthew Sunderman
8 minute read
March 29, 2013 | The Recorder
Merging FirmsWhen two practices come together, overlooking operations integration can lead to unrealized potential, explain Christopher Ryan and Matthew Sunderman of HBR Consulting.
By Christopher Ryan and Matthew Sunderman
8 minute read
May 12, 2008 | National Law Journal
'Hall Street v. Mattel'In its recent ruling in Hall Street v. Mattel, the Supreme Court fortified the sanctity of the decisions of arbitrators. At issue was whether parties to an arbitration agreement could contractually expand the scope of judicial review of an award beyond that provided in the Federal Arbitration Act. The court said no. It also appeared to end the availability of the judicially created "manifest disregard of the law" standard. Both holdings stress that it will be rare for an award to be vacated by a U.S. Court.
By Henry Weisburg and Christopher Ryan
9 minute read