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.
By Myrna Barakat Friedman | October 25, 2023
A discussion of the developments in arbitration procedural rules as they relate to four issues that seem to be the key bases of such reluctance: the "optionality" of confidentiality, speed and expedited procedures, early dismissal opportunities and appealability of an arbitral award.
New York Law Journal | Analysis
By David W. Ichel | October 24, 2023
In this article, David W. Ichel discusses how he tackles his role as a mediator and highlights that he can settle most cases when the parties come willing to roll up their sleeves, no matter how far apart they start.
By Dan Roe | September 29, 2023
Former U.S. District Court Judge Shira Scheindlin said Boies Schiller's focus on litigation, mediation and arbitration represented a better fit for her practice as a neutral.
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