By Robert Pees and Sheena Buddhdev | May 17, 2019
This article clarifies some misconceptions and provides comfort to international users of English law and the English courts.
By Adam J. Kaiser and Jenna C. Polivy | May 17, 2019
Practitioners seeking to avoid having their clients forced into arbitration by a nonsignatory should examine carefully the relevant arbitration clause and consider the proper forum in which to file suit.
New York Law Journal | Analysis
By Samuel Estreicher and Holly H. Weiss | May 17, 2019
In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss the recent Supreme Court decision in 'Lamps Plus', which sends a strong signal that courts cannot order class arbitration absent an affirmative contractual basis for doing so.
New York Law Journal | Analysis
By Conna A. Weiner | May 14, 2019
Requiring business parties on the brink of litigation to hit a controlled mediation pause button with the help of a business-oriented mediator and the right process and participants almost always makes sense.
New York Law Journal | Analysis
By Michael Hoenig | May 10, 2019
In his Complex Litigation column, Michael Hoenig asks whether the entire class action regime that has come to dominate much of court litigation today has reached a tipping point, becoming an ever-expansive, negative behemoth that needs to not only be reviewed but sharply modified and curtailed.
New York Law Journal | Analysis
By John Fellas | May 9, 2019
In his International Arbitration column, John Fellas discusses the recent decision in 'Lamps Plus v. Varela', in which the U.S. Supreme Court held that the contra proferentem rule could not properly be applied to construe an ambiguous arbitration agreement to permit class arbitration. In doing so, it added to a series of (in most cases) 5-4 decisions making it harder for a party to bring an arbitration proceeding on behalf of a class.
New York Law Journal | Analysis
By Thomas E.L. Dewey | April 24, 2019
Settlement and Compromise columnist Thomas E.L. Dewey discusses 'Grice v. Pepsi Beverages Co.' in which, after reaching a class action settlement, class counsel sought approval of their attorney fees. The court reduced the attorney fee award by more than one-third based primarily on the reversionary clause in the settlement agreement.
New York Law Journal | Analysis
By Paul Bennett Marrow | April 24, 2019
Removing an arbitrator is hard, but not impossible. Planning for the eventuality of having to remove is a must.
By Jack Newsham | April 23, 2019
The firm claims the unpaid fees stem from its work on behalf of the former client in an arbitration dispute in 2013.
New York Law Journal | Expert Opinion
By Geoffrey A. Mort | April 17, 2019
Lawyers who are used to litigating their cases in federal court—and are comfortable with attempting to dispose of the great majority of them through summary judgment or, to a lesser extent, motions to dismiss—have sought to use dispositive motions as a primary tool in arbitrations.
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