New York Law Journal | Expert Opinion
By Linda Gerstel | July 3, 2020
Mandatory mediation is now the law in New York modeled on the Super-Storm Sandy prototype . Will it achieve the same success as past mass disaster mandatory mediation programs?
New York Law Journal | Analysis
By John Fellas | June 24, 2020
Due to the COVID-19 lockdown, John Fellas has had a chance to spend more time than usual with his books. He focuses this column on what he believes are important works in the field of International Commercial Arbitration.
New York Law Journal | Analysis
By Claudia T. Salomon and Hiroko Yamamoto | June 9, 2020
This article highlights four strategic considerations for a party seeking to recognize and enforce a monetary award in the United States using this method.
New York Law Journal | Analysis
By Tomasita Sherer and Kiera Gans | June 5, 2020
In the current environment where global conditions challenge multiple business relationships at once (i.e., across jurisdictions or a global supply chain), companies are likely to face a number of middle-value disputes and will require thoughtful dispute resolution techniques to resolve them in a cost-effective manner. It is here that AI may offer the most promise.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 27, 2020
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how courts have recently opened up new opportunities for obtaining evidence abroad for use in U.S. arbitrations, and within the United States for use in foreign arbitration proceedings.
New York Law Journal | Analysis
By Leslie A. Berkoff | May 20, 2020
A discussion of whether the United Nations Convention on International Settlement Agreements Resulting from Mediation, informally known as the "Singapore Mediation Convention," is meeting its goal of promoting mediation as a viable alternative to litigation of cross-border trade disputes by creating an effective process for enforcing a resulting settlement agreement.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | May 19, 2020
In their New York Court of Appeals Roundup, Lynn Neuner and William Russell, Jr. discuss how the court recently reaffirmed New York's public policy favoring arbitration and the ability of parties to consensually define the parameters of their dispute resolution process in American International Specialty Lines Insurance Company v. Allied Capital Corporation.
New York Law Journal | Analysis
By Samuel Estreicher | May 15, 2020
In this Arbitration column, Samuel Estreicher discusses decisions that suggest we are likely to witness resort to discovery through the federal courts in a great many international arbitrations where the individual or entity from which documents or other information is sought has sufficient contacts with the Unites States to satisfy §1782's jurisdictional standards.
New York Law Journal | Commentary
By Shira A. Scheindlin | May 14, 2020
If the courts cannot resolve commercial disputes due to the priority that must be accorded to matters involving danger to the community—including criminal matters, domestic violence, and health and safety issues—then the parties to commercial disputes might wish to consider other options for dispute resolution.
New York Law Journal | Analysis
By Michael H. Reed | April 24, 2020
On March 26, Magistrate Judge Robert Lehrburger issued an important decision in Chen–Oster v. Goldman, Sachs & Co., an employment discrimination class action against Goldman Sachs which is notable for two reasons. First, it addresses when a defendant in a certified class action waives its right to arbitrate. Second, it provides a comprehensive discussion of a topic the Second Circuit has not addressed: the enforceability of arbitration agreements signed after a class action is filed.
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