New York Law Journal | Expert Opinion
By Claudia T. Salomon and Florian Loibl | August 7, 2020
In times of increasing risks of insolvency, as well as trade and travel restrictions, this article identifies issues tribunals and claimants need to consider when facing a non-participating respondent in international arbitration.
New York Law Journal | Expert Opinion
By John J. Zefutie, Jr. and Ugo Colella | August 7, 2020
Why spend money on crafting a lengthy arbitration clause and then pay an arbitrator to figure out what it means when you can get free, expedited consideration from judges that specialize in adjudicating these very disputes?
New York Law Journal | Expert Opinion
By Peter B. Skelos | August 7, 2020
Historically, ADR in the contested estate arena has been woefully under-utilized. This article looks at the benefits of submitting trust and estate disputes to mediation, and shows how videoconference mediations and arbitrations have become a viable alternative to court-adjudications.
By J.P. Duffy | August 7, 2020
Arbitration offers numerous benefits for resolving disputes, particularly in the current global environment. This article discusses the reasons parties may wish to do so, and practical tips for doing so effectively.
New York Law Journal | Expert Opinion
By Steve Baldini and Hamish Lal | August 7, 2020
A discussion of the rise in the use of statutory adjudication in various jurisdictions in the context of complex construction disputes, and a look at whether the United States is now ready to also embrace this ADR option.
By Angela Turturro | July 27, 2020
In this Special Report: "NY Adds a New Factor to Consider for Equitable Distribution: Domestic Violence," "Surrogacy Agreements Approved by New York...With Provisos," "'Fields v. Fields': The 'Townhouse Stoop-Sweeping' Case 10 Years Later," "Calling the Child's Therapist as a Witness in a Custody Case" and "SCOTUS 'Clarifies' 'Habitual Residence' Under the Hague Convention."
New York Law Journal | Expert Opinion
By Valentina Shaknes and Justine Stringer | July 24, 2020
After several decades of inconsistent interpretations by federal courts of the term "country of habitual residence" that is key to the cases under the Hague Convention on Civil Aspects of International Child Abduction, the U.S. Supreme Court finally has spoken. Or has it?
New York Law Journal | Expert Opinion
By Lisa Zeiderman and Matthew Marcus | July 24, 2020
In high conflict divorces, the child's therapist plays a unique role. While the therapist likely offers an invaluable perspective on the needs and interests of their patient, such perspective may, and often does, conflict with the desired outcome of one party. The matrimonial practitioner must be cognizant of many issues to ensure the best interests of the child.
By Adam Turbowitz | July 24, 2020
Exploring the impact the recent amendment to the Domestic Relations Law §236, which now includes domestic violence as a factor to consider when determining equitable distribution, will have on future matrimonial litigation as well as existing case law.
New York Law Journal | Expert Opinion
By Harriet Newman Cohen and Tim James | July 24, 2020
A in-depth discussion of the newly enacted "Child-Parent Security Act of 2020" recently signed into law. The Act establishes the legal framework for "surrogacy contracts," in New York.
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