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Stories and digests covering a variety of angles to ADR, whether on key issues of law or notable parties
By Brian Yap | August 8, 2022
Traditionally, international arbitration has not been a popular method of dispute resolution among Japanese companies. But it has now come to account for a larger share of revenue for law firms in Japan, with some saying the increase has been dramatic.
5 minute read
By Apoorva Patel | August 5, 2022
Greater diversity in arbitration allows parties to benefit from different perspectives gleaned from wider social and cultural context and must encompass all participants in the arbitral process.
6 minute read
By Eugene Goldberg | August 5, 2022
The Legislature is increasingly creating rights enforceable in nonconsensual binding arbitration.
6 minute read
By Laura Keily and Rebecca Leaver | August 5, 2022
While no technology can eliminate the possibility of human error completely, secure, best practice dispute resolution technology goes a long way to minimize the risk of complications arising and potentially impacting the process.
6 minute read
By Erin E. Gleason Alvarez and Peter A. Halprin | August 5, 2022
Lawyers and clients with arbitration clauses should familiarize themselves with emergency arbitration procedures and closely evaluate the benefits or disadvantages of utilizing such relief.
8 minute read
By J.P. Duffy | August 5, 2022
This article examines how the English Rule ensures that parties obtain complete relief, and how that rule assists in regulating party and counsel conduct.
7 minute read
By Alan D. Scheinkman | August 5, 2022
Counsel who are dealing with a valuation dispute should seriously consider the use of alternative dispute resolution; indeed, pursuant to new court rules, the assigned judge may encourage counsel to use ADR to resolve some or all of the issues in the case.
7 minute read
By Joshua Margolin, Amy Nemetz and Tony Russo | August 1, 2022
During an internal investigation, company counsel and board counsel need to have an alignment of interests—namely, finding the truth and doing what's best for the company. Approaching each interaction with the intention of finding common ground can turn tense and suspicious discussions into productive ones and transform a picture of a fractured organization into a united front.
8 minute read
By Anthony Michael Sabino | July 12, 2022
In part one of a two-part series, the author discusses the recent Second Circuit decision in 'Bissonnette v. LePage Bakeries', where the court found that the plaintiffs did not come within the FAA's exception for arbitration.
8 minute read
By Thomas E.L. Dewey | July 8, 2022
A recent case from the Southern District of New York highlights the risks facing parties that seize opportunities to settle when there is heightened uncertainty in litigation—for example, when a decision on summary judgment is forthcoming.
9 minute read
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