Alternative Dispute Resolution (ADR) General Business Professional Practice

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Looking Forward: A workman’s view of the construction business and the practice of construction law

A few weeks back my colleague, mentor and friend Greg Faulkner wrote a post here that looked back on his 25 years as a construction lawyer.  It was a very thoughtful piece and frankly I think it was one of the best legal blog...more

Third Party Funding: a New Chapter in Hong Kong & Singapore

The legal landscape is changing in South East Asia for third party funding of international arbitration. Third party funding – by which a commercial fund finances a case in exchange for a share of the damages – has...more

Practitioners -- Time to Update Your Client Arbitration Agreements (Pt. III)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned...more

Practioners -- Time to Update Your Client Arbitration Agreements, Part II

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned...more

Time to Update Your Client Arbitration Agreements (Pt. 1)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes. In recent years some have learned...more

In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly...

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said...more

Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

Let Us Now Praise Opposing Councel

But the Process can go a whole lot smoother and faster if the opposing counsel knows the area well enough to tell and advise the client as to the reality of the situation and reject spurious arguments that just waste...more

10 Key Questions That Law Firms Should Ask Clients

All law firms need to ask clients about their needs and priorities. This is a simple but extremely powerful list of 10 questions that will help law firms better align themselves with clients....more

EL CONVENIO ARBITRAL.

El inicio de todo proceso arbitral descansa en lo que se conoce como CONVENIO ARBITRAL, que en el derecho comparado recibe también el nombre de clausula arbitral, compromiso arbitral y acuerdo de arbitraje...more

Building A Successful Business Partnership

If you or someone you know is considering entering into a partnership, this article provides some valuable tips for ensuring that your partnership is built on a strong foundation. Nearly 2/3 of all partnerships fail. This...more

Preparation of Narcissistic Witnesses

Three experienced ASTC-member trial consultants provide practical strategies for preparing the narcissistic witness. This article is one of many available free online from The Jury Expert (the publication of the American...more

Using principles of persuasion in the courtroom

An overview of the principles of persuasion and how to use them in the courtroom with reactions from three experienced ASTC-member trial consultants. This article is one of many available free online from The Jury Expert (the...more

Solution-Focused Mediation in Litigation

This article presents strategies and ideas on how to use a solution-focused approach to mediation in a litigation context. Three experienced ASTC-member trial consultants offer their reactions. This article is one of many...more

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