Myrna Barakat

April 01, 2022 | New York Law Journal

In two recent cases arising from a single arbitration, the courts of England and France reached opposite results on what law governs the parties' agreement to arbitrate. These two divergent views led to two significantly different outcomes highlighting the pitfalls of international arbitration: The UK Supreme Court denied enforcement of the arbitration award while the French court upheld it. This article explores the circumstances that led to this awkward outcome and the key takeaways.

By Myrna Barakat

7 minute read

January 28, 2022 | New York Law Journal

In this fourth and final article of the series, the author asked four independent arbitrators to share their views based on their firsthand experience reviewing and opining on arbitration agreements.

By Myrna Barakat

12 minute read

January 21, 2022 | New York Law Journal

In this third article of her series, Myrna Barakat examines the issue of drafting arbitration agreements from the perspective of four prominent litigators, "the professionals who are often consulted by their corporate partners to advise on drafting and who ultimately have to defend or critique the provisions."

By Myrna Barakat

11 minute read

January 14, 2022 | New York Law Journal

In this second article of her series, Myrna Barakat examines the issue of drafting arbitration agreements from the perspective of practicing transactional attorneys and asks several corporate lawyers to weigh in with their thoughts and insights.

By Myrna Barakat

8 minute read

December 10, 2021 | New York Law Journal

This article briefly reiterates the key items that generally have been included in an arbitration agreement and then reflects on some of the newer matters to be considered.

By Myrna Barakat

9 minute read

October 27, 2021 | New York Law Journal

While the decree offers some guidance on post combination arbitration process, this restructuring will likely be scrutinized by courts in the enforcement of awards issued by the Dubai International Arbitration Center going forward.

By Myrna Barakat

7 minute read

June 01, 2021 | New York Law Journal

Few investors realize that one of the most important steps they can take to help secure their investment is to push founders to structure a dispute prevention and resolution structure early on to avoid the interpersonal conflicts that statistically lead to failure.

By Myrna Barakat

10 minute read

April 15, 2021 | New York Law Journal

The current pandemic should motivate deal parties to include both arbitration and mediation provisions in their agreements going forward.

By Myrna Barakat

8 minute read