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New York Law Journal | Analysis
By Samuel Estreicher, Rex Heinke and Jessica Weisel | August 3, 2021
In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica Weisel discuss a case that will be before the U.S. Supreme Court in the October term, 'Servotronics v. Rolls-Royce PLC', which asks the court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations. In what looks like a simple matter of statutory interpretation—defining the term "tribunal"—the case may shed new light on how the current court approaches traditional interpretive tools.
By ALM Staff | July 27, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | July 22, 2021
In this edition of their International Litigation column, Lawrence W. Newman and David Zaslowsky examine the common practice in international arbitration of presenting direct witness testimony though witness statements provided in advance of the oral hearing. They consider the effect such written evidence may have, or not have, on arbitral tribunals when there is no live cross-examination of the witness at the hearing before the tribunal. Is there a way in such circumstances for the witness to testify in person after all?
New York Law Journal | Commentary
By Timothy Capowski and Payne Tatich | July 16, 2021
At a time when judicial resources are unduly strained, a perfect starting point for clearing courtroom congestion is recognizing that delayed disclosure of settlement amounts in multi-tortfeasor litigations impedes, rather than encourages, settlement between the parties, and frustrates the legislative intent of the controlling statutes in this area.
New York Law Journal | Commentary
By Peter Christian Sester | June 16, 2021
These collective arbitrations pose serious challenges to the system, both on the procedural and on the substantive law level.
New York Law Journal | Analysis
By Deborah A. Reperowitz | June 2, 2021
This article takes look at the mediation process, including agreements to mediate, the benefits of mediation and key takeaways.
New York Law Journal | Analysis
By Myrna Barakat | June 1, 2021
Few investors realize that one of the most important steps they can take to help secure their investment is to push founders to structure a dispute prevention and resolution structure early on to avoid the interpersonal conflicts that statistically lead to failure.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 26, 2021
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how, in cases brought to enforce arbitration awards, rules for serving process on parties located outside the United States are not always as rigid as required by the language of the Federal Rules.
New York Law Journal | Analysis
By Laura E. Drager | May 21, 2021
Since so many divorce actions are resolved without litigation, can ADR methods be successfully employed in divorce actions after litigation commences? The answer is yes, but only if expectations are realistic and coupled with patience.
New York Law Journal | Analysis
By John Fellas | May 17, 2021
The Supreme Court has granted certiorari to resolve the question of whether §1782 can be used in private arbitration. This article address three considerations that bear on the question before the Supreme Court that have not received the attention they deserve.
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