By Claudia Salomon and Abhinaya Swaminathan | November 23, 2018
Three key considerations and strategic guidance for practitioners seeking third-party discovery in New York.
New York Law Journal | Analysis
By Larry S. Schachner | November 23, 2018
Young advocates would be remiss in not familiarizing themselves with the ever-expanding world of ADR.
By Chris M. Kwok | November 23, 2018
Neutrals with diverse backgrounds can help administer justice in today's increasingly diverse society, as they are a reflection of the people they serve. Of course, mere diversity is not enough; the meaningful inclusion of those diverse candidates in the industry is the next chapter of the ADR story.
By Rex S. Heinke, Jessica M. Weisel and Douglass B. Maynard | November 9, 2018
The current term sees the court facing a set of cases which focus on the types of claims that can be litigated in arbitration and the relative powers of arbitrators and judges. In three cases that already have been argued, the court may limit the scope and authority of arbitrators.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | November 9, 2018
In their Technology Law column, Richard Raysman and Peter Brown discuss 'Cyprus Grp. Holdings v. Onex', an opinion which dealt with a variety of issues in contract law, including the construction of a release provision in the context of a stock acquisition, the interpretation of forward-looking and ambiguous software license provisions, and whether two breach of contract and indemnity claims are sufficiently similar that if one is precluded by a release, so too is necessarily the other.
By Michael Weber | November 2, 2018
As recent Supreme Court decisions have surveyed and expanded the landscape of arbitration and arbitration agreements, employers have placed greater focus on whether arbitration is actually the right fit for their company.
New York Law Journal | Analysis
By Angela Turturro | October 12, 2018
Arbitration columnists Samuel Estreicher and Holly H. Weiss write: In light of 'Epic Systems', the question whether the court or arbitrator decides that an arbitration agreement authorizes a classwide proceeding when the agreement is silent on the issue has taken on enhanced significance. A recent decision in the Eleventh Circuit addresses this question.
New York Law Journal | Analysis
By Grant Hanessian and Derek Soller | October 11, 2018
The First Department's decision in 'Daesang' should put to rest any suggestion in the lower court's decision that New York courts will not respect the good-faith factual and legal determinations of arbitrators.
New York Law Journal | Analysis
By Chaya Weinberg-Brodt | October 9, 2018
New York has positioned itself as an attractive forum for resolution of international commercial disputes, with flexible rules permitting contracting parties to agree to procedures specific to their needs. That choice works best for parties who take the necessary time in advance to negotiate not only choice of forum, but also the procedural mechanisms of their choice.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | September 26, 2018
International Litigation columnists Lawrence W. Newman and David Zaslowsky focus on how states that have manifested their interest in international arbitration through enactment of the Model Law on International Commercial Arbitration. They discuss, in particular, two recent appellate decisions concerning the extent to which relief may be afforded in two states—Louisiana and Georgia—that have enacted the Model Law.
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