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New York Law Journal

The Importance of Court Scrutiny of Hidden Arbitration Clauses

Companies like Uber and Lyft have buried arbitration clauses in their terms of service, and then invoked them when sued by their passengers. For this reason, it is important that personal injury attorneys have some basic fluency in the principles that apply when courts are asked to evaluate when a case can or should be sent to arbitration.
12 minute read

New York Law Journal

Construction Disputes Soar, Along With Use of Arbitration Finance

The construction industry is likely to remain in flux in the upcoming years, and legal finance will serve as an essential tool for parties in construction disputes.
10 minute read

New York Law Journal

Crafting an Effective Arbitration Clause: Lessons Learned From International Cases To Help Avoid Common Pitfalls

Using recent developments in case law from across international jurisdictions, this article highlights common drafting pitfalls and offers practical guidance for crafting effective, enforceable arbitration clauses. The key message is to keep your drafting clear, concise and simple.
8 minute read

New York Law Journal

What Is Bad Faith in Mediation?

The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
6 minute read

New York Law Journal

When To Litigate or Use ADR To Solve a Dispute

People do not always solve their disputes without the aid of others. In this article, David Berkey discusses the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.
9 minute read

New York Law Journal

The Case for the Activist Mediator

A passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.
6 minute read

International Edition

Former AA Head Sues Rosenblatt Over Advice

Rosenblatt has argued in response that at no point did they "advise that the claims… were, on their own, likely to succeed".
2 minute read

International Edition

VTB Trial Adjourned Owing to Sanctions Licence Delay

'This is becoming an increasingly common issue in the Commercial Court', the U.K. High Court judge said.
3 minute read

International Edition

Drew & Napier, Dentons Rodyk, Rajah & Tann Act on $57 million TerraUSD Suit in Singapore

Drew & Napier is representing the plaintiffs, who are seeking $56.9 million in a suit again TerraUSD founder, Do Kwon.
3 minute read

International Edition

Linklaters General Counsel Steps Down After One Year in Role

The veteran partner was at the firm for over three decades.
2 minute read

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