Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | March 20, 2019
The competence-competence principle—that is, whether arbitrators are competent to decide if a dispute is arbitrable—is an important gateway issue in arbitration. This article looks at how that issue has developed under US law and compares it to how it is handled in foreign courts.
New York Law Journal | Analysis
By Angela Turturro | March 18, 2019
In this Special Report: "The Benefits of Real-Time Dispute Resolution," "Avoiding the 'Litigization' of Arbitration," "Recent Rulings Reaffirm Courts' High Degree of Deference to Arbitration Process," "A Closer Look: Mediation in Surrogate's Court," "Creative Mediation: Alleviating Commercial Division Congestion" and "Co-Mediating—Giving It a Chance."
By Leslie Wilsher, Hope Winthrop and JoAn Pangilinan-Taylor | March 15, 2019
Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. Providing a forum in which parties can feel heard, instead of having “to prove,” may allow them to move past these obstacles, leading to a more expedient and efficient resolution.
By Mitchell Banas | March 15, 2019
Nothing can guarantee that your arbitration won't be "litigized" if that's what both sides really want and the arbitrator(s) allow(s). By following these steps, however, you can at least help make sure that it doesn't happen unwittingly.
By Gregg Weiner, Christian Reigstad and Dielai Yang | March 15, 2019
The Supreme Court's decision in 'Henry Schein', and the First Department's decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator's award at the back-end of the process.
By Kenneth M. Roberts | March 15, 2019
This article examines two options using Real-Time Dispute Resolution to avoid litigation on construction projects: Dispute Review Boards and the use of mediation during the course of a project to resolve issues. Both tools allow the parties to stay focused on the project and avoid getting caught up in commercial issues.
By Melvin L. Schweitzer | March 15, 2019
ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community.
By Nancy Kramer | March 15, 2019
Co-mediation can be a useful process in numerous situations and should be a part of a mediator's tool kit.
New York Law Journal | Analysis
By Samuel Estreicher and Holly H. Weiss | March 15, 2019
In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss 'New Prime v. Oliveira', in which the Supreme Court ruled on an exception to arbitrability under §1 of the Federal Arbitration Act (FAA), 9 U.S.C. §1, and 'Diag Human v. Czech Republic', in which the U.S. Court of Appeals for the D.C. Circuit ruled on the binding nature of foreign arbitral awards.
New York Law Journal | Analysis
By Julissa Reynoso, Marcelo Blackburn, Michael Fernandez and Colleen Angus-Yamada | March 11, 2019
Domestic and (especially) foreign parties should feel very comfortable selecting New York as a seat for their arbitrations.
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