By Angela Turturro | March 19, 2018
In this week's Special Report: "Five Reasons to Include Arbitration Clauses in Business Contracts … and Five Reasons to Reconsider," "Mediating Highly Emotional Workplace Disputes," "'Nondomestic' Arbitrations: An Underrecognized Path to Federal Court Review," "Encouraging Greater Use of Mediation in International Commercial Arbitration" and "Navigating the Mediation Experience: No Compromise—No Resolution."
By Ross Todd | March 16, 2018
A federal judge agreed that false advertising claims against the telecom giant cannot be routed to arbitration under a recent California Supreme Court decision.
New Jersey Law Journal | Analysis
By Kelly Ann Bird, Elizabeth Cowit and Brittany E. Grierson | March 16, 2018
As 2018 progresses, businesses are contending with a whirlwind of activity involving many facets of employment law, including exemption status, pending Supreme Court cases, and responses to myriad harassment claims.
By Jason Grant | March 16, 2018
A unanimous Appellate Division, First Department, panel said hearsay evidence “may be the basis of an administrative determination.”
By Jennifer B. Zourigui | March 16, 2018
There are sometimes advantages to arbitration over litigation but there also can be disadvantages in arbitration. Both warrant discussion and evaluation prior to the selection of a forum.
By Jonathan Greenblatt, Henry Weisburg, Christopher Ryan and Anna Stockamore | March 16, 2018
Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway, it is the experience of the authors, corroborated by empirical research, that mediation has not been widely accepted as a means to reach settlement.
By John P. DiBlasi | March 16, 2018
Making the best use of your mediator's abilities and time at every stage of the proceeding is extremely important in attempting to reach resolution.
By Elizabeth Edmondson and Gretchen Stertz | March 16, 2018
If you wish to litigate confirmation in federal court, it is important to be aware of the category of “nondomestic” arbitrations—which may offer an underutilized path to federal jurisdiction.
By Stephen P. Sonnenberg | March 16, 2018
Deciding whether or how to address varied emotions that stand in the way of resolution often is a key to a successful mediation.
New York Law Journal | Analysis
By Samuel Estreicher and Holly H. Weiss | March 16, 2018
In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.
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