New York Law Journal | Analysis
By John Fellas | March 25, 2022
In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully explained why these two situations should be treated differently.
By J.P. Duffy | March 18, 2022
This article examines how international arbitration rationalizes the discovery process and keeps parties focused on the real issues that matter.
By John M. Delehanty | March 18, 2022
If the term sheet contains all of the material terms of the parties' agreement and is expressly made enforceable in the absence of a more formal agreement, it should be sufficient to withstand collateral attack and end litigation over the underlying dispute.
By Jeffery Commission and Christiane Deniger | March 18, 2022
As a global financial and commercial hub, New York meets the venue requirements of a variety of cross-border disputes with its neutral courts, well-developed body of complex commercial law, and deep bench of arbitrators, institutions and lawyers.
By Larry S. Shachner | March 18, 2022
A Special Master can help move cases forward and can reduce the burden on the Judge assigned to the case as well as saving time and money for the litigants.
By Daniel H. Stock | March 18, 2022
In New York, there are five ways to resolve disputes arising during a divorce: litigation; arbitration; private mediation; court-sponsored mediation; court-sponsored "early neutral evaluation"; and Collaborative Divorce.
New York Law Journal | Commentary
By James Borkowski | March 15, 2022
In her book 'High Conflict', Amanda Ripley posits that we are increasingly witnessing high conflict in our national politics on a daily basis, to the point where high conflict has become "the invisible hand of our time."
By Amanda Bronstad | March 11, 2022
The fees and costs outlined in the $26 billion opioid deal with Johnson & Johnson's Janssen Pharmaceuticals and three distributors are a mix of common benefit fees, contingency fees and payments to the states for outside counsel. One law professor said, "it's not like the lawyers are going to be impoverished."
New York Law Journal | Analysis
By James A. Brown | March 11, 2022
Preparation, or lack thereof, can make or break a mediation. This article outlines some specific information that should be determined in order to be fully prepared before starting a wage and hour mediation.
New York Law Journal | Commentary
By Chris Fladgate | March 10, 2022
The Directory, while only nascent, promises to be another integral piece of both the Greater New York and the ADR legal communities for years to come.
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