New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | June 16, 2022
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the long-awaited decision by the U.S. Supreme Court that resolved a Circuit split and held that §1782 discovery is (largely) unavailable in aid of international arbitration.
New York Law Journal | Analysis
By Samuel Estreicher, Rex Heinke and Susan Yorke | June 2, 2022
The new law raises a host of legal, practical, and political questions as to the continuing viability of agreements to arbitrate claims of sexual harassment and assault—and employment disputes more broadly.
By Myrna Barakat | May 17, 2022
In this article, the author describes traditional ADR mechanisms, namely arbitration and mediation, and the attributes of an effective arbitrator and mediator. She then covers Med-Arb, a lesser-known mechanism, and discusses dispute avoidance measures, which are gradually gaining traction.
New York Law Journal | Analysis
By John Feerick and Linda Gerstel | May 4, 2022
Identifying the need and promoting the use of facilitation not only when a crisis hits the front pages of our newspapers but also in a pre-dispute setting would be an important first step in launching the field to assist with multi-player and stakeholders' disputes.
By Mark A. Berman | May 2, 2022
Can a series of emails constitute an enforceable settlement agreement? Yes, but it depends.
New York Law Journal | Analysis
By David E. Schwartz and Emily D. Safko | April 27, 2022
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (SASH Act) amends the Federal Arbitration Act to prohibit employers from enforcing predispute arbitration agreements or joint-action waivers relating to sexual assault or sexual harassment disputes brought under federal, tribal or state law.
By Zack Needles | Alaina Lancaster | April 19, 2022
In this episode, Law.com's Bruce Love speaks with Andrii Humenchuk, GC at Evo, the largest ecommerce company in Ukraine, and Tai-Heng Cheng, co-head of Sidley's international arbitration and trade practice.
New York Law Journal | Commentary
By Mark J. Bunim | April 19, 2022
There is no doubt that the virtual vs. in-person dilemma in insurance cases will be with us in both mediation and arbitration for the foreseeable future.
New York Law Journal | Analysis
By David E. Gottlieb | April 8, 2022
This article provides a discussion of the recently enacted Ending Forced Arbitration for Sexual Harassment and Sexual Assault Act, which makes unenforceable any pre-dispute arbitration agreement for any case filed that "relates to [a] sexual assault dispute or the sexual harassment dispute." As the author writes: This "relates to" language is not insignificant—it dramatically expands the scope of the law."
New York Law Journal | Analysis
By Nicholas J. Pappas | April 5, 2022
In this edition of his Employment Law column, Nicholas J. Pappas reviews the pros and cons of arbitration agreements and programs in light of Congress's recent amendment of the FAA to make mandatory pre-dispute agreements to arbitrate sexual harassment and sexual assault disputes unenforceable.
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