The Legal Intelligencer | News
By Justin Henry | February 1, 2021
"I think people are way more open to doing mediations over Zoom, and they're way more accepting because they don't expect their case to be heard anytime soon," Andrew Benedict said.
The Legal Intelligencer | Commentary
By Charles F. Forer | January 4, 2021
Bob has a headache. Two headaches. He had written an airtight arbitration provision to allow his client Longboat LLC to take advantage of arbitration and to go to court and seek interim relief to preserve the status quo. But Bob's careful drafting did not do the trick.
The Legal Intelligencer | News
By Justin Henry | December 29, 2020
Donald Haviland had sought to vacate the arbitration award entered by retired Judge Mark Bernstein.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | December 14, 2020
In this pandemic period, as courts are limited in their ability to conduct civil trials, parties increasingly consider whether and how to settle their disputes through arbitration.
The Legal Intelligencer | Commentary
By Charles F. Forer | November 16, 2020
Bob loves writing demand letters. His super-aggressiveness often forces the other side to cave. Bob's client gets what it (almost) wants, without having to go to court or arbitration. And avoids lots of legal fees. But not this time.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | October 28, 2020
Does a simple reference to arbitration assure its being required if the provision does not state how and by whom the arbitration will be conducted?
The Legal Intelligencer | Commentary
By Judith P. Meyer | September 4, 2020
What are the benefits of private arbitration, and have they only been enhanced in the time of COVID? The benefits have only grown. Here is what I have observed that is new.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 18, 2020
Perhaps no arbitration issue has been litigated as frequently in recent years as the scope of an arbitrator's authority. Most often, this has involved "arbitrability," i.e., whether arbitrators may decide if they have the authority to decide the conflict as a whole, or any particular issue that has been brought before them.
The Legal Intelligencer | Commentary
By Charles F. Forer | July 27, 2020
Months and sometimes years before a dispute has arisen, the drafter of an arbitration agreement must consider whether it will be beneficial for his or her client to allow for summary dispositions.
The Legal Intelligencer | News
By P.J. D'Annunzio | July 9, 2020
Toll Brothers argued that Horn Williamson, which represented homeowners in litigation over defective homes, employed unreasonable billing practices and that the arbitrator refused to hear evidence to that point by declining to admit invoices related to the firm's representation of other homeowners.
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