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More Reasons to Arbitrate in the Big Apple

Stephen P. Younger, a partner with Patterson Belknap Webb & Tyler, writes: While the major international arbitration centers each have their own unique geographical and legal features, New York has a singular combination of stable and well-established law, a vast reserve of legal talent, and an extensive network of ancillary and support resources. New York’s reputation as a neutral and impartial jurisdiction also bears emphasis when considering it in relation to other potential venues, given those factors, along with other aspects of the legal infrastructure, ranked highest among attributes corporations consider when choosing an arbitral venue.

The Interplay of Restrictive Covenants, Preliminary Injunctions and Arbitration

Andrew Zwerling, a partner-director at Garfunkel Wild, writes: A restrictive covenant is a provision in an employee’s contract with his or her employer that specifies a limitation—of a specified time, scope and geographic area—on the ability of the employee to work in the same occupation or profession upon termination of employment. Depending upon their reasonableness and compliance with specified legal standards, restrictive covenants are enforceable in New York.

Mediation and Marketing: Complementary Skills

Ed Poll, principal of LawBiz Management, writes: Increasingly, litigators look past the emotion of going to court and pursue alternative dispute resolution through arbitration or mediation. Doing so successfully, of course, requires understanding the law and the appropriate ADR techniques. But what is often overlooked is that the process of securing agreement to pursue alternative dispute resolution is very similar to the process of successful marketing.

Supreme Court and Arbitrability: The Arbitrator as Gatekeeper

John Fellas, a partner at Hughes Hubbard & Reed, writes: Recent U.S. Supreme Court decisions show that, over the last decade or so, the court has been gradually reshaping the legal landscape to grant more authority to arbitrators to resolve questions of arbitrability and to make it harder, in some circumstances, to argue that certain of those questions should be resolved by courts.