New York Law Journal | Expert Opinion
By Lawrence M. Pearson and John S. Crain | September 26, 2023
A discussion of how Southern District Judge Ronnie Abrams confirmed the broad scope of the 'Ending Forced Arbitration Act.' In denying a motion to compel arbitration, the court made clear that 'sexual harassment' can include any "unwanted gender-based conduct."
By Emily Saul | September 21, 2023
The Wednesday celebration at the New York City Bar Association Honored late founding chair and former Chief Judge of the New York State Court of Appeals Judith Kaye.
By Brian Lee | September 7, 2023
The New York State Dispute Resolution Association's inaugural advisory board will be chaired by retired Judge Lawrence K. Marks, who stepped down in November after seven years as the second-in-command of the state's $3 billion-plus court system.
New York Law Journal | Analysis
By David W. Ichel | August 16, 2023
Arbitrator selection is a critical component of every arbitration proceeding given that the selection will determine who will adjudicate the dispute. Commercial arbitration is a creature of contract. The parties in their contract provide for the governing arbitral organization and rules, if any, and how the arbitrator or arbitrators are to be selected.
New York Law Journal | Analysis
By Leslie A. Berkoff | August 7, 2023
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
New York Law Journal | Analysis
By John M. Delehanty | August 7, 2023
The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.
New York Law Journal | Analysis
By John Fellas | July 3, 2023
In late June, the U.S. Supreme Court issued back-to-back pro-arbitration decisions in two separate cases.
New York Law Journal | Commentary
By James W. Borkowski | June 21, 2023
As part of his longsighted preparation, President Theodore Roosevelt cultivated relationships not only with Japanese and Russian leaders, but also with European diplomats who would later assist in the Portsmouth peace negotiations. All these relationships built the trust that would be essential in concluding the peace agreement.
New York Law Journal | Analysis
By Elizabeth Bonina | June 16, 2023
Currently, there is an open look-back window for lawsuits to be filed under the Adult Survivors Act, and it is anticipated that there will be many filings pursuant to this statute. This article discusses the use of mediation to resolve these cases and why mediating these matters must be handled with care and consideration.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 24, 2023
In most instances, functus officio prevents further action by the tribunal, meaning that the parties—to their dismay, or delight, depending on their position in the case—are stuck with the award, even when the arbitrators have acknowledged the award contained an error and would like to correct it. A recent Second Circuit decision, however, shows that this doctrine is not necessarily as limited as many may believe.
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