By Dan Packel | November 8, 2021
Kirkland client Huntsman Corp. revealed Nov. 5 that rival Albemarle had agreed to pay $665 million following an arbitration ruling. The company will net $465 million.
New York Law Journal | Analysis
By Samuel Estreicher, Rex Heinke and Susan Yorke | October 28, 2021
In their Arbitration column, Samuel Estreicher, Rex Heinke and Susan Yorke discuss a case that addressed the question of whether AB 51 (which prohibits employers from conditioning employment on an applicant's waiver of various rights, including the right to litigate) both conflicted with and undermined the objectives of the FAA.
New York Law Journal | Analysis
By Myrna Barakat | October 27, 2021
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 Thomas E.L. Dewey | October 15, 2021
In this edition of his Settlement and Compromise column, Thomas E.L. Dewey examines a decision, 'Go New York Tours v. Tour Central Park', which makes clear that after a court dismisses a case because the parties have settled, the court cannot reopen the case if the parties dispute the existence of their settlement agreement unless it has subject matter jurisdiction to do so.
By Tom McParland | October 14, 2021
U.S. District Judge Lorna G. Schofield ruled that the tech and telecommunications companies could not seize on a newly-discovered document to force the claims to be resolved in private.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | September 22, 2021
In their International Litigation column, Lawrence W. Newman and David Zaslowsky present a comparative approach on the issue of whether courts enforce the very common contractual provision that purports to waive challenges to arbitration awards.
New York Law Journal | Analysis
By Mark A. Berman | September 3, 2021
Can an arbitrator order a virtual arbitration to take place over a party's objection, whether it is for the best or worst of reasons? The answer lies in the rules of the governing arbitration forum. Mark A. Berman explores the issue in this edition of his Virtual Lawyering column.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 25, 2021
In this edition of their Mediation column, Abby Tolchinsky and Ellie Wertheim consider the types of conflicts that arise in guardianship cases, and when mediation may offer an opportunity for an alternate means of assessing and meeting the needs of the ward and other parties.
New York Law Journal | Analysis
By Matthew Solum | August 20, 2021
Though it may seem challenging to secure injunctive relief in a private arbitration rather than in the court system, the reality is that litigants have a variety of options and, in fact, can leverage both the speed and expertise of arbitrators and the power of the courts in order to secure meaningful relief.
By Zack Needles | August 12, 2021
With hopes of beginning in earnest to chip away at growing case backlogs this fall potentially dashed by the Delta variant, judges are increasingly looking to clear room on their dockets by pushing civil litigants to settle.
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