New York Law Journal | Analysis
By Paul J. Baisley Jr. | December 13, 2023
In this article, retired Supreme Court, Suffolk County justice Paul J. Baisley Jr. reflects on his time as an arbitrator and discusses his expectations and methods associated with the job.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | December 12, 2023
International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.
By Brian Lee | November 28, 2023
The bill applies immediately to awards issued from an arbitration between a public employer and public employee.
New York Law Journal | Analysis
By Robert J. Jossen | November 17, 2023
When is the best time to undertake mediation of a dispute? In this article, Robert J. Jossen presents 10 observations that can bring light to this complex questions.
New York Law Journal | Analysis
By Marco Molina, Alexandra L. Trujillo and Shaia Araghi | November 17, 2023
In the legal industry, little-known statutes with potentially serious consequences slip by unnoticed. This is the case with "home court" statutes, which have the ability to obliterate the forum selection, choice of law and/or arbitration clauses in construction agreements. This article serves as a primer on these statutes so they don't sneak past you in the future.
New York Law Journal | Analysis
By Leslie A. Berkoff | November 17, 2023
The use of AI is pervading all aspects of the legal profession, and many are questioning the application of AI within each specific practice area. In the dispute resolution space, AI has already been a part of this practice area for some time—but can it replace human mediators?
New York Law Journal | Analysis
By J.P. Duffy | November 17, 2023
This article examines the difficulties that privilege issues can present in international arbitration, and concludes that solutions oftentimes lie with an overlooked legal tool—common sense.
New York Law Journal | Analysis
By Catherine Amirfar and Nicole Marton | November 17, 2023
The types of disputes that may arise from increased lunar activity and exploration may be placed into three categories: disputes between countries, between companies, or between a company and a country. No matter which flavor a particular dispute takes, they are all sure to deal with a complex interplay of international and commercial legal issues.
By William Downes | November 16, 2023
Conflicting state laws are at the heart of a class action suit alleging racial discrimination in NFL hiring practices. In July, Brian Flores, former Miami Dolphins' head coach and current Minnesota Vikings defensive coordinator and two other plaintiffs were given the green light to go to trial after a New York judge determined their contracts were not subject to mandated arbitration.
By William B. Adams and John M. Super | November 6, 2023
It is critical to understand how a court will evaluate and apply foreign law to determine a foreign corporation's legal capacity to sue or be sued or to enter into an arbitration agreement. In the past year, two decisions by the U.S. Court of Appeals for the Second Circuit make clear the perils of getting these basic—but technically complex—questions wrong.
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