New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | March 25, 2020
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss three recent court decisions from three different countries, each of which offers an example of a court not deferring to an arbitrator."
New York Law Journal | Analysis
By John Fellas | March 24, 2020
In his International Arbitration column, John Fellas focuses on what COVID-19 means right now for pending and future international arbitrations.
New York Law Journal | Analysis
By Linda Gerstel | March 17, 2020
There has never been a better time to experiment both in the courts and in the private sector to expand the use of Online Dispute Resolution (ODR) for ADR.
New York Law Journal | Commentary
By Jed Melnick and Simone Lelchuk | March 17, 2020
We are in the business of mediating complex disputes, and while we anticipate that the in-person participation of key individuals is going to be a challenge in the near future, we believe that the effective use of video conferencing holds promise for keeping mediations on track.
New York Law Journal | Analysis
By Angela Turturro | March 16, 2020
In this Special Report: "Resolving Financial Disputes Through Mediation," "The March Towards Cybersecurity Maturity in Arbitration," "Deal-Dispute Mediating: A Former Deal-Maker's Perspective," "It's Not Just About Mediation: 'Presumptive ADR' and the Spectrum," "Getting Real About Discovery in Arbitrations" and "Party Autonomy, Repeat Appointments and 'Halliburton'."
By Jim Freund | March 13, 2020
This is prime territory for mediation—especially because it's not easy for judges or arbitrators to resolve disputed issues of business judgment, nor may they impose on the situation the kind of resourceful business solutions that the parties can hopefully fashion with the mediator's assistance.
By Claudia Lanzetta | March 13, 2020
The spectrum is a visual representation of all of the dispute resolution processes from negotiation through and including litigation. This article is meant to provide a brief overview of processes on the spectrum, other than mediation, that the courts may be employing.
By Peter A. Halprin and Kayla Robinson | March 13, 2020
When an arbitrator has been repeatedly appointed by the same party, it raises questions as to whether that arbitrator can serve without favoring that party or, at a minimum, appearing to be dependent on that relationship in a way that would affect the arbitrator's freedom of judgment.
By Michael W. Emerson | March 13, 2020
A case study from the perspective of in-house counsel.
By Randa Adra | March 13, 2020
This progress towards cybersecurity maturity in arbitration is long overdue, but a welcome development in an industry where cyber risk is substantial and cyber resilience is imperative.
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