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International Edition

The Transfer Window: Hires for Dechert, Gateley and Bird & Bird

A round-up of this week's legal moves.
3 minute read

New York Law Journal

Competence-Competence: A Comparative Analysis

The competence-competence principle—that is, whether arbitrators are competent to decide if a dispute is arbitrable—is an important gateway issue in arbitration. This article looks at how that issue has developed under US law and compares it to how it is handled in foreign courts.
10 minute read

Texas Lawyer

What Campaigns Can Teach Lawyers About Negotiating

Legal negotiations aren't too dissimilar from election campaigns, as I've learned from personal experience.
4 minute read

New York Law Journal

A Closer Look: Mediation in Surrogate's Court

Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. Providing a forum in which parties can feel heard, instead of having “to prove,” may allow them to move past these obstacles, leading to a more expedient and efficient resolution.
9 minute read

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

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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