Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | January 25, 2023
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent decision that the Second Circuit stated was a question of first impression for it, in which the court held that there is no requirement to serve a summons in a proceeding brought to confirm an arbitration award, even when the defendant is a foreign sovereign.
New York Law Journal | Analysis
By Faith S. Hochberg and Myrna Barakat Friedman | January 19, 2023
The benefits of dispute prevention—triggered much earlier than traditional dispute resolution processes—should be deployed by businesses in broader commercial contexts to mitigate the risk that early disagreements grow into impediments to project completion, litigation and costly damages.
New York Law Journal | Analysis
By Nelson Timken | January 17, 2023
In this article, Nelson Timken discusses the idea of attorneys taking a more consensus-oriented approach when working with parties in a dispute, and he highlights a course at Fordham Law School named "Lawyers as Facilitators," the purpose of which is to train attorneys as "facilitators of the process of dispute resolution that aids disputants to focus on, discuss, and chose procedural options."
By Noah J. Hanft, Chair, Dispute Resolution Section, and Lorraine D. Mandel, Member, Dispute Resolution Section Executive Committee | January 17, 2023
Noah J. Hanft, Chair of the Dispute Resolution Section, and Lorraine D. Mandel, Member of the Dispute Resolution Section Executive Committee, write: The time is now for all participants in the legal system—judges, counsel, and parties—to embrace mediation and foster its expansion throughout the spectrum of disputes.
New York Law Journal | Analysis
By Richard L. Mattiaccio and David C. Singer | December 20, 2022
As a matter of practice, arbitrators rarely impose sanctions, although sometimes the need arises. This article discusses the tools arbitrators can use to respond to sanctionable behavior in arbitration.
New York Law Journal | Analysis
By Myrna Barakat Friedman | December 8, 2022
In this article, commercial mediator Myrna Barakat Friedman enlists several of her colleagues to discuss 'party-related' challenges they encounter as mediators and helpful insights on how to address them.
New York Law Journal | Analysis
By Larry P. Schiffer | December 7, 2022
Allowing the parties to tell their story to someone who is listening and empathetic to their problem is central to successful mediation.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | November 21, 2022
Companies like Uber and Lyft have buried arbitration clauses in their terms of service, and then invoked them when sued by their passengers. For this reason, it is important that personal injury attorneys have some basic fluency in the principles that apply when courts are asked to evaluate when a case can or should be sent to arbitration.
By Apoorva Patel, Christiane Deniger and Joe Durkin | November 18, 2022
The construction industry is likely to remain in flux in the upcoming years, and legal finance will serve as an essential tool for parties in construction disputes.
By Erin Thomas, Monique O'Donoghue and Catherine Karia | November 18, 2022
Using recent developments in case law from across international jurisdictions, this article highlights common drafting pitfalls and offers practical guidance for crafting effective, enforceable arbitration clauses. The key message is to keep your drafting clear, concise and simple.
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