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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.
By Peter A. Halprin and Giulio Zanolla | August 6, 2021
Mediators, parties, and counsel should look to virtual mediation as a tool in their dispute resolution arsenal that undeniably increases flexibility and reduces cost. And it may be that, depending upon the nature of a dispute and the needs of the parties, a combination of virtual and in-person processes can be used to get the benefits of both worlds.
By Martin Jackson and Manuel Valderrama | August 6, 2021
The authors propose that arbitration institutions adopt an opt-out rule (rather than opt-in rule), which expressly confers arbitrators with the exclusive right to correct errors or mistakes in arbitral awards for a limited period not to exceed 30 days from issuance of the award.
By Jay G. Safer | August 6, 2021
When will courts allow a nonsignatory to compel a signatory to arbitrate under an arbitration agreement? When will courts allow a signatory to compel a nonsignatory to arbitrate under an arbitration agreement? What doctrines have the courts recognized as applying to nonsignatories and arbitration? This article will focus on these questions and offers an overview of possible routes to nonsignatory arbitration.
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