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PRACTICE PAPERS

Alternative Dispute Resolution

EPIX Holdings Corp. v. Marsh & McLennan Companies Inc.

Thursday, November 19, 2009

Under principles of equitable estoppel, a nonsignatory may enforce an arbitration agreement in a contract signed by its subsidiary where the issues against it are inextricably intertwined with the contract.

SPONSOR SPOTLIGHT

D.R. Horton Inc., New Jersey v. J.J. DeLuca Co. Inc.

Thursday, October 22, 2009

N.J.S.A. 2A:23B-10 is not the exclusive procedure for determining if two arbitrations should be consolidated where the parties have a contract that calls for institutional arbitration with an organization that provides a fair mechanism for consolidation.

D.R. Horton Inc., New Jersey v. J.J. DeLuca Co. Inc.

Thursday, October 22, 2009

The New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32, does not vest exclusive jurisdiction in the courts to decide consolidation motions.

Mandatory Mediation Is Here To Stay

Tuesday, April 21, 2009

Court-ordered mediation at the inception of a case is now a mainstay in the life of a litigator and, having no real choice, attorneys on both sides need to know how to maximize the advantage of the event.

International Arbitration: Now Getting Longer and More Costly

Wednesday, March 25, 2009

International Arbitration is now routinely criticized for replicating some of the same failings as litigation: excessive cost and duration of proceedings.

Consider the Alternative: The Alternative Procedure for Dispute Resolution Act

Wednesday, March 25, 2009

Our hope is that by familiarizing counsel with APDRA's practical advantages, the use of this statute, enacted more than 20 years ago, will become more mainstream and perhaps increase clients' confidence in the efficiency of arbitration.

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