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International Edition

Third-Party Financers Are Fueling Investor-State Arbitration Battles

2018 saw more investor-state cases filed than any previous year, an indicator that parties may be getting more outside help to advance their claims.
7 minute read

The Legal Intelligencer

Responding to Arbitration Subpoenas—How to Make Cost an Issue

Bob is not currently representing any clients in arbitration proceedings. In view of his past mistakes, described in my past articles, Bob's “withdrawal” from appearing in arbitration proceedings may be a good thing—at least for his clients.
7 minute read

New Jersey Law Journal

Disability Advocate Agency's Suit Against Ex-Employee Headed to Arbitration

"If the New Jersey Supreme Court has not yet declared a consumer contract to be an absolute prerequisite to the application of the 'Atalese' 'explicit waiver' rule, it has been elevated to the status of a very critical factor," Judge Kevin McNulty said.
4 minute read

New York Law Journal

'Deference to Arbitrators Is Not Without Its Limits,' But Those Limits Are Tightly Circumscribed

The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
8 minute read

Connecticut Law Tribune

Taking Issue: Don't Throw the ADR Baby Out With the Bath Water

The issue of the “Vanishing Trial” has been a topic of discussion for the past several decades, with numerous articles, conferences and symposia…
6 minute read

The Legal Intelligencer

UM Arbitration Award Stands Despite Questions Over Arbitrator's Neutrality

Despite the existence of a financial relationship between an arbitrator and an insurance company lawyer involved in an arbitration, it did not affect the outcome of the case, an appeals court has ruled.
3 minute read

Connecticut Law Tribune

Navigating Confidential Settlements and the Public's Right to Know

While there may be increased scrutiny on the use of confidentiality clauses in settlement agreements as a result of recent developments, as it stands confidentiality clauses can help protect the interests of all parties when utilized properly.
6 minute read

The Recorder

Recent Developments Raise Questions Regarding Confidential Settlements

While there may be increased scrutiny on the use of confidentiality clauses in settlement agreements as a result of recent developments, as it stands confidentiality clauses can help protect the interests of all parties when utilized properly.
6 minute read

Connecticut Law Tribune

From Jay-Z to RBG: Demanding Diversity in ADR

2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution. Jay-Z's complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.
9 minute read

International Edition

Third-Party Funding for Arbitration Allowed in Hong Kong After 19-month Wait

As of Feb. 1, third parties are permitted to fund arbitrations seated in Hong Kong, bringing the city in line with other leading arbitral seats, including regional rival Singapore.
4 minute read

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