By Lisa Willis | December 17, 2024
Behind the scenes of the Trump-ABC News settlement: Attorneys and mediators talk about strategies and key moments in the mediation that took all by surprise.
By Leslie Berkoff | December 13, 2024
Recently, most, if not all, major arbitral institutions have implemented rules requiring that arbitrators disclose any facts that may affect their impartiality so that both the parties and the arbitral institution can make an upfront determination on a potential conflict.
By Jeremy A. Cohen and Lily Kim | December 9, 2024
New York joins a growing number of states to explicitly hold that arbitration agreements entered into through a web-based “clickwrap” process are validly formed. Where such clickwrap agreements to arbitrate delegate decision-making to the arbitrator for all questions of arbitrability, once contract formation is established, it is for the arbitrator to determine enforceability and applicability.
By David B. Saxe and Jeremy D. Weinstein | December 4, 2024
David Saxe and Jeremy Weinstein of Morrison Cohen recommend consideration of “a more robust acceptance of some sort of appellate review process within the arbitral process.”
By Francis Curran | November 22, 2024
For nearly 60 years after the FAA was enacted, the U.S. Supreme Court left the enforceability of arbitration agreements largely undisturbed. However, beginning in the 1980s, the Supreme Court began a shift toward an expansive interpretation of the FAA and stricter enforceability of arbitration agreements.
By Robert J. Jossen | November 22, 2024
An important part of the mediator’s role is that she or he is not an advocate and does not hold a dispositive view about the dispute. As a neutral I often say during a mediation, “I have no stake in who wins or loses and no view of the ultimate merits. All I care about is helping the parties reach an agreement.”
New York Law Journal | Profile
By Dan Roe | October 24, 2024
Feinberg, who Law Journal affiliate The American Lawyer is honoring with its Lifetime Achievement award, helped found the practice of alternative dispute resolution by mediating some of the biggest mass torts in U.S. history.
By Andrew Denney | September 24, 2024
Angela Mazzarelli will oversee a corps of special masters who meet with the parties to narrow or settle cases before the First Department.
New York Law Journal | Analysis
By David M. Barshay and Steven J. Neuwirth | August 15, 2024
"In this edition of the No-Fault Wrap-Up, we discuss several recent court decisions concerning no-fault arbitration awards," write David M. Barshay and Steven J. Neuwirth.
By Shira A. Scheindlin | August 14, 2024
Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.
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