New York Law Journal | Analysis
By Alexandra Dosman | September 24, 2018
Third-party funding can be a powerful tool for entities with meritorious arbitration claims that do not have the financial wherewithal or inclination to self-fund arbitration proceedings. As international commercial arbitration in New York continues to grow, savvy claimants are likely to seek support from third parties in increasing numbers.
New York Law Journal | In Brief
By Christine Simmons | September 19, 2018
Justice Shirley Werner Kornreich presided over cases in the Commercial Division in Manhattan Supreme Court for close to a decade.
By Colby Hamilton | August 30, 2018
U.S. District Judge Jesse Furman broke gently with a state court judge handling the underlying harassment case brought by a former Trump campaign staffer who is fighting an attempt by the campaign to force arbitration.
By Angela Turturro | August 6, 2018
In this Special Report: "Good Faith Negotiations at Mediation," "Fending Off Cyberattacks in International Arbitration," "Blurred Lines: Rethinking the Issue of Consent by Non-Signatories," "Corruption as a Defense in Investment Treaty Arbitration" and "Efficiency or Fairness? ADR May Be the 21st Century Equivalent to the Rise of Equity."
New York Law Journal | Analysis
By Robert J. Rock | August 3, 2018
The move away from the courts is based on efficiency rather than fairness. The lack of efficiency combined with the high cost of going to court, contribute, in in large measure, to the nation's “disappearing” jury trials.
By Linda Gerstel | August 3, 2018
In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke's 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.
New York Law Journal | Best Practices
By John P. DiBlasi | August 3, 2018
Many good faith negotiations can be sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement. What are those tactics and what can be done to ameliorate the situation?
By Hagit M. Elul and Pavlos Petrovas | August 3, 2018
In an increasingly digital landscape, data security threats have become ubiquitous. Cyberattacks are becoming weapons of global economic warfare with cybercriminals increasingly targeting law firms in an attempt to access clients' secrets and other sensitive non-public information. International arbitration is not immune.
By Jordan Trager | July 27, 2018
Many matrimonial attorneys will take on divorce mediation cases and agree to act in the capacity of divorce mediator. Sometimes, the attorneys are trained and experienced in divorce mediation, whereas other times they are not. The results will vary based on the mediator's understanding of how divorce mediation should be conducted.
New York Law Journal | Expert Opinion
By Martin Flumenbaum and Brad S. Karp | July 24, 2018
While neutrality is considered the touchstone of dispute resolution, it is not difficult for advocates to think there might be benefits to having judges with deep connections to the parties or their respective industries.
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