New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | October 7, 2019
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: The emergence of arbitration as an alternative to litigation raises questions about its proper mechanisms and its potential impact on the merger review process.
New York Law Journal | Analysis
By David E. Schwartz and Risa M. Salins | October 3, 2019
Over the last several months, the NLRB issued a slew of employer-friendly decisions. Many of these decisions overturned longstanding precedent. In their Labor Relations column, David E. Schwartz and Risa M. Salins address a number of these recent Board rulings that have significant implications for employers with and, in several cases, without a unionized workforce.
New York Law Journal | Analysis
By Grant Hanessian and Kristina Fridman | October 2, 2019
Several cases seeking enforcement of intra-EU treaty awards are currently pending in U.S. courts. However, because of the particular circumstances of the case, the 'Micula' decision may provide little guidance as to whether such awards generally will be enforced in U.S. courts.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | September 25, 2019
In their International Arbitration column, Lawrence W. Newman and David Zaslowsky discuss the recent case 'P v. D' where the English High Court set aside an international arbitration award because of the failure of the successful party's counsel to conduct the kind of cross-examination required by Browne v. Dunn. Evidently, the arbitration proceeding, which took place in England, was not conducted in accordance with the IBA Rules.
New York Law Journal | Expert Opinion
By John Fellas | September 24, 2019
In his International Arbitration column, John Fellas asks: As long as an arbitrator does nothing that creates a successful basis to challenge an award, is she permitted to ask any question, even one she knows in advance is likely to assist one party and hurt the other?
By Samantha Stokes | September 19, 2019
The move by Selendy & Gay follows a national trend of law firms dropping mandatory arbitration clauses for lawyers and other employees. But there are still plenty of holdouts.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 27, 2019
In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: "For several years, on an ad-hoc basis, Alternative Dispute Resolution programs have been in place in various courts throughout New York State. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment."
New York Law Journal | Analysis
By Frances Kulka Browne and Erika Ghaly | August 19, 2019
The future of mandatory arbitration is far from settled.
By Amanda Bronstad | August 16, 2019
In a motion filed Thursday, lawyers in the lead case over the water crisis in Flint, Michigan, sought appointment of five lawyers and retired U.S. District Judge Layn Phillips “in contemplation of the possibility of reaching a settlement with some or all of the defendants.”
New York Law Journal | Analysis
By David B. Saxe | August 16, 2019
Having an appeal process as part of an arbitration might help prevent irrational awards.
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