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New York Law Journal

Avoiding the 'Litigization' of Arbitration

Nothing can guarantee that your arbitration won't be "litigized" if that's what both sides really want and the arbitrator(s) allow(s). By following these steps, however, you can at least help make sure that it doesn't happen unwittingly.
7 minute read

New York Law Journal

Recent Rulings Reaffirm Courts' High Degree of Deference to Arbitration Process

The Supreme Court's decision in 'Henry Schein', and the First Department's decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator's award at the back-end of the process.
8 minute read

New York Law Journal

The Benefits of Real-Time Dispute Resolution

This article examines two options using Real-Time Dispute Resolution to avoid litigation on construction projects: Dispute Review Boards and the use of mediation during the course of a project to resolve issues. Both tools allow the parties to stay focused on the project and avoid getting caught up in commercial issues.
8 minute read

New York Law Journal

Creative Mediation: Alleviating Commercial Division Congestion

ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community.
9 minute read

New York Law Journal

Co-Mediating—Giving It a Chance

Co-mediation can be a useful process in numerous situations and should be a part of a mediator's tool kit.
7 minute read

New York Law Journal

Recent Supreme Court and D.C. Circuit Decisions Concerning Arbitration

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss 'New Prime v. Oliveira', in which the Supreme Court ruled on an exception to arbitrability under §1 of the Federal Arbitration Act (FAA), 9 U.S.C. §1, and 'Diag Human v. Czech Republic', in which the U.S. Court of Appeals for the D.C. Circuit ruled on the binding nature of foreign arbitral awards.
7 minute read

Connecticut Law Tribune

Revisiting the Uniform Mediation Act in Connecticut

A new opportunity to further strengthen alternative dispute resolution law presents itself in the form of the Uniform Mediation Act.
4 minute read

The Legal Intelligencer

Court Rejects 'Close Nexus' Arbitration Argument in Dispute Between School, Condo Owner

The Pennsylvania Superior Court has ruled that defendants in a suit alleging breaches of two condominium agreements cannot rely on an arbitration clause in one contract to knock claims out of court alleging breaches of a separate contract that does not contain an arbitration clause.
4 minute read

New Jersey Law Journal

With Increased Scrutiny, NJ Cases Remind Employers to Review and Update Arbitration Agreements

Recent cases in New Jersey have emphasized that there are several requirements that employers must consider when drafting and enforcing arbitration agreements.
9 minute read

Litigation Daily

Daily Dicta: Kirkland Lateral Star Sandra Goldstein Delivers a Storybook Ending for Barnes & Noble

The Second Circuit order made nary a ripple when issued. But it sealed a quietly emphatic victory for Kirkland & Ellis partner Sandra Goldstein.
8 minute read

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