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New York Law Journal

Who Holds the Power to Interpret Arbitration Agreements? SCOTUS Tests the Scope of 'Delegation" in Multi-Contract Cases

When a party moves to compel arbitration, the first question for a court is: has arbitrability been delegated to the arbitrator? The U.S. Supreme Court recently clarified the scope of such delegation provisions in Coinbase v. Suski, discussed below.
8 minute read

Daily Report Online

Moving Toward Resolution: The Importance of Systems for Mediators

New mediators face a steep learning curve, not only in mastering the nuances of negotiation but also in managing the administrative aspects of their practice. Support in these initial stages is not just beneficial but critical for their success.
5 minute read

International Edition

LCIA's 2023 Annual Report Key Takeaways: Seeking Steady Growth in an Unsteady Climate

The number of disputes referred to the London Court of International Arbitration increased by 13% in 2023 over the previous year, a return to 2021 levels.
5 minute read

International Edition

Ex-Clifford Chance Partner Banned From Accessing Client Money by SRA

Although De Mayer is no longer with the firm, the regulator stated Clifford Chance was the 'firm or organisation at time of matters giving rise to outcome'.
2 minute read

International Edition

Post-COVID Growth in Africa Fuels Arbitration and Law Firm Strategies

The London Court of International Arbitration saw African party involvement soar from 4% in 2022 to 8% in 2023, prompting law firms to strategize about how to adapt to this dynamic shift.
6 minute read

Daily Report Online

The More Trials, the Better the Settlement

It goes without saying that the lawyer known to try cases has more credibility at mediation. The advocate who pontificates about what will happen "when we take this case to trial" intimidates no one if he has never seen a jury.
6 minute read

The Legal Intelligencer

Nonsignatory Held to Arbitration Pact in Dispute With Popular Water Ice Franchise

The court found there was no evidence that Rita's used litigation before seeking arbitration so as to cause a waiver. The mere fact that Rita's waited until there was a dispute to arbitrate did not constitute a waiver.
5 minute read

New York Law Journal

Mediation: A Wise Choice for the Resolution of Medical Malpractice Cases for Both Plaintiffs and Defendants

In this article, Marsha L. Steinhardt makes a case for why mediation would be a great option specifically for medical malpractice cases, highlighting some key examples of its benefits.
5 minute read

The Recorder

California Supreme Court Agrees to Hear Pay-or-Waive Arbitration Law Challenge

California's courts of appeal have largely upheld a law that requires companies to pay their arbitration bills within 30 days or risk having consumer and employment claims filed against them removed to court.
3 minute read

Legaltech News

AAA Launches ClauseBuilder AI to Simplify Drafting of Arbitration and Mediation Agreements

The new tool, powered by OpenAI's GPT-4o model, offers more than 500 curated clauses intended to streamline the drafting of clear and effective alternative dispute resolution agreements across industries.
3 minute read

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