By Ira B. Warshawsky | November 22, 2019
It would behoove the parties that enter into contracts that include an arbitration clause to provide an alternative to their favored ADR entity.
By Gary Birnberg | November 22, 2019
This article will provide a primer for New York practitioners on the Singapore Convention, including: takeaways from the global think tank discussion; observations regarding the initial and future signatories of and what lessons can be learned from the New York Convention; how New York transactional attorneys and litigators can prepare for the impact of the Convention; and the Convention's impact on New York mediations.
By Jennifer B. Zourigui | November 22, 2019
If you have decided the time is right to mediate, then the incentives are there too. Below are five tips to aid in the effectiveness of the mediation process.
By David N. Cinotti | November 19, 2019
New York courts have generally taken a pro-arbitration approach. A series of decisions in a long-running investor-broker dispute, however, is counter to that trend.
New York Law Journal | Analysis
By Albert J. Pirro Jr. | November 14, 2019
In the mediation process, the advocate is required to participate with good faith to approximate a win/win outcome. Notwithstanding, there remain significant legal duties that are expected.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 7, 2019
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision in which the judge called for a shift in the legal profession's culture to encourage attorneys with mental illness to seek help; another decision enforcing an Internet arbitration clause against a customer; and a decision declining to dismiss IRS claims for money damages against a co-defendant who had benefitted from fraudulent conveyances by her father-in-law to escape estate taxes.
New York Law Journal | Analysis
By Samuel Estreicher | October 30, 2019
In this Arbitration column, Samuel Estreicher writes: In view of the Supreme Court's 'Epic Systems' decision, it becomes imperative to take up the challenge of Justice Ruth Bader Ginsburg's dissent and to see if there are ways to capture some of the efficiency gains of employment class actions without compromising the benefits of bilateral arbitration proceeding between the employer and its employee.
By Carrie Maylor DiCanio | October 25, 2019
This article discusses five issues that counsel should consider when drafting an arbitration provision and provide insights on how to effectively craft an arbitration clause to enable the efficient and cost-effective resolution of M&A disputes in domestic arbitration.
By Justin J. Santolli and R. David Gallo | October 25, 2019
The Sixth Circuit's decision likely portends an increase in applications pursuant to §1782 seeking discovery in private foreign commercial arbitrations and raises the prospect of the Supreme Court having to resolve the circuit split.
By Jane Wester | October 17, 2019
Wayfair's terms and conditions were available on its website, and they contained a "detailed, extensive arbitration agreement in clear typeface," Weinstein wrote in his order.
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