New York Law Journal | Commentary
By David Reiss, Areeb Been Khan, Robert Levy and Juliana Malandro | January 24, 2019
The New York City Council is considering a bill, the Small Business Jobs Survival Act, that it claims will protect small businesses even though the Act contains no protections tailored to them. Instead, the Act would implement a new lease renewal arbitration system that treats all commercial tenancies the same, allowing businesses as large as Amazon to benefit.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | January 23, 2019
In their International Litigation column, Lawrence W. Newman and David Zaslowsky write: Although fraudulently obtained arbitral awards are no doubt unenforceable in virtually every country, proving the taint of fraud presents legal and evidentiary challenges. A recent series of cases involving an award against the Republic of Kazakhstan shows the difficulties that can confront award debtors seeking denial of enforcement of awards against them on grounds of violation of public policy based on fraud.
By Dan Packel | January 16, 2019
Iconix, which purchased Rocawear from the rapper and businessman for $200 million, says there's no merit to his bid to scrap an arbitration stemming from that 2007 deal.
By Susan DeSantis | January 15, 2019
"People who send their clients to arbitration are really worried that they're going to run across arbitrators who are not enforcing the law," Saxe said. "That's why it's very important to have an arbitrator with a fealty to the law who hews to legal precedent."
By Elizabeth J. Shampnoi, Chair, Corporate Counsel Section | January 11, 2019
Elizabeth J. Shampnoi, Chair of the NYSBA Corporate Counsel Section, writes: The traditional benefits of mediation such as time and cost savings are widely known. Often more important to companies, however, is the ability to customize a process that best meets their needs and avoid the uncertainties of litigation.
By Deborah Masucci, Chair, Dispute Resolution Section | January 11, 2019
Deborah Masucci, Chair of the NYSBA Dispute Resolution Section, writes about the many ways the Section supports the members of the Bar in their efforts to be skilled ADR practitioners.
New York Law Journal | Analysis
By Raymond Radigan and Moira A. Jabir | January 4, 2019
Trusts and Estates Law columnists Raymond Radigan and Moira A. Jabir write: Litigation of Surrogate Court matters can be personal. Often, the resentment and indignation of the allegations exchanged is only outdone by the vitriolic counter allegations. The result can be protracted series of contested and expensive proceedings that feed the disillusionment of lawyers and the judicial system. If instead, sometimes mediation was utilized in this arena, one may reduce the court workload while providing voices to the parties' positions without jeopardizing settlement positions.
By James A. Brown | December 14, 2018
A wage and hour mediation, which produces compromise and limits costly attorney fees, is a potential lifeline for a small employer provided there is clear-eyed engagement in the process.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | December 11, 2018
Mediation columnists Abby Tolchinsky and Ellie Wertheim write: The international human rights community is contemplating a role for mediation in redressing a subset of human rights violations.
By Amanda Bronstad | December 3, 2018
Lawyers have moved to coordinate suits into multidistrict litigation and questioned an arbitration clause in Marriott's free internet monitoring program offered to its customers.
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