New York Law Journal | Analysis
By Myrna Barakat | April 1, 2022
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 Charles Toutant | March 28, 2022
"The lesson on the employer side is, if you want your employees bound to certain provisions, whether they be arbitration provisions or restrictive covenant provisions, do not include them in a document which says repeatedly throughout, 'this is not binding, this is not a contract of employment," said the plaintiff's lawyer Marc Garbar.
New York Law Journal | Analysis
By John Fellas | March 25, 2022
In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully explained why these two situations should be treated differently.
By Angela Turturro | March 21, 2022
In this Special Report: "Avoiding Pitfalls in Preparing a Mediation Term Sheet," "How Shall I Divorce Thee? Let Me Count the Ways," "Disclosure in International Arbitration: A Rational Approach," "New York Holds Sway as a Preferred Arbitral Seat as Demand for International Arbitration Soars" and "Utilizing a Special Master/Referee in Complex Litigation: A Mediator's Personal Account."
By J.P. Duffy | March 18, 2022
This article examines how international arbitration rationalizes the discovery process and keeps parties focused on the real issues that matter.
By John M. Delehanty | March 18, 2022
If the term sheet contains all of the material terms of the parties' agreement and is expressly made enforceable in the absence of a more formal agreement, it should be sufficient to withstand collateral attack and end litigation over the underlying dispute.
By Jeffery Commission and Christiane Deniger | March 18, 2022
As a global financial and commercial hub, New York meets the venue requirements of a variety of cross-border disputes with its neutral courts, well-developed body of complex commercial law, and deep bench of arbitrators, institutions and lawyers.
By Larry S. Shachner | March 18, 2022
A Special Master can help move cases forward and can reduce the burden on the Judge assigned to the case as well as saving time and money for the litigants.
By Daniel H. Stock | March 18, 2022
In New York, there are five ways to resolve disputes arising during a divorce: litigation; arbitration; private mediation; court-sponsored mediation; court-sponsored "early neutral evaluation"; and Collaborative Divorce.
New York Law Journal | Commentary
By James Borkowski | March 15, 2022
In her book 'High Conflict', Amanda Ripley posits that we are increasingly witnessing high conflict in our national politics on a daily basis, to the point where high conflict has become "the invisible hand of our time."
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