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Arbitration Young Lawyers

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ballard Spahr LLP

JAMS Issues Rules Governing Disputes Involving Artificial Intelligence Systems

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Judges are beginning to address the increasing use of AI tools in court filings—including reacting to instances of abuses by lawyers using it for generative purposes and requiring disclosures regarding the scope of AI use in...more

Bond Schoeneck & King PLLC

You’ve Got Acceptance! First Department Holds That Email Containing Attorney’s Signature Block Constitutes a Signed Settlement 

Email communication between attorneys has been the norm for some time now, but courts are still grappling with circumstances when an email constitutes an offer or acceptance of a settlement agreement. A recent First...more

JAMS

Class Action Checklist - February 2019

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This checklist is designed to assist you in thinking through the issues necessary to settle your class action case. ...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Mintz - Arbitration, Mediation, ADR...

How to Compel Arbitration When Litigation Is Commenced in State Court

In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement...more

NAM (National Arbitration and Mediation)

Arbitration And Mediation For Young Lawyers: An Introduction To The Alternative

“The young advocate would be remiss in not familiarizing themselves with the ever-expanding world of ADR.” As a fresh out of law school attorney starting out as a litigator with a municipal agency, I was eager to try every...more

NAM (National Arbitration and Mediation)

3 Key Components For A Successful Trial Or Arbitration: Preparation, Anticipation, Execution

During my thirty plus years of practice, I have come across many articles and lectures opining on what it takes to plan successfully for trial or arbitration. Many experts analogize trial or arbitration preparation to the...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

NAM (National Arbitration and Mediation)

Preparing Your Witness And Yourself For A Trial Or Arbitration

During my fifteen years as a Judge, I have heard the testimony of hundreds of witnesses in all types of proceedings. As a trial attorney in private practice, I prepared a great number of witnesses to testify. Even with the...more

Holland & Hart LLP

Tips for Effective Advocacy in Arbitration

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Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Hogan Lovells

The future of arbitration: New technologies are making a big impact — and AI robots may take on “human” roles

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Will new technologies influence the way cases are arbitrated? That was the topic of a debate that included members of the ICC International Court of Arbitration and Hogan Lovells partners Winston Maxwell and Laurent Gouiffès...more

Fox Rothschild LLP

Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!

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There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey federal case sheds more...more

Blank Rome LLP

A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean

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CPR Speaks - A recent decision by the United States Court of Appeals for the Third Circuit reminds us that when we want an arbitration clause to apply in certain situations or to certain parties, we have to build that...more

JAMS

The Importance of Listening

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As a mediator and arbitrator for the last 10 years, I’ve seen my share of communication disconnects, especially in emotionally charged disputes. As someone with a Ph.D. in communications, I understand that the root of these...more

WilmerHale

The Asia-Pacific Arbitration Review - 2018

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The Asia-Pacific region has seen a surge in the use of arbitration in recent years. Although it is difficult to draw general conclusions about a large and incredibly diverse geographical region that stretches from French...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

Alston & Bird

Class Action Roundup: Fall 2016

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In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

Fish & Richardson

Arbitration Risks, Part Two: Inside the Arbitration Process

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Commercial arbitration has become more complex, time-consuming, and expensive – in other words, more like litigation. In Part One, we discussed the increasing skepticism among corporate counsel about the purported “better,...more

Robins Kaplan LLP

Arbitrate with Caution – Avoiding the Unauthorized Practice of Law

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As technology continues to progress and enable companies and individual clients to do business in multiple jurisdictions, the prevalence of the multijurisdictional practice of law (MJP) is increasing for attorneys and law...more

Butler Snow LLP

The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging to Enforce an Arbitration Provision in an Expired...

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A unanimous panel of the Sixth Circuit recently rejected a manufacturer’s attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc. The manufacturer and its distributor entered...more

Fish & Richardson

Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation

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There is a widespread belief that arbitration is unequivocally a better, faster, and cheaper alternative to litigation. According to some advocates, the advantages of arbitration include (1) saving money by streamlining...more

Mintz

The Use of Experts in International Arbitration: Selection of an Expert Witness

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In international arbitrations, litigators from the U.S. often find a bit of the familiar mixed in with equal or greater bits of the unfamiliar. (Whether they acknowledge or treat the latter as such, alas, varies by...more

Carlton Fields

Notice and Comment Like a Rock Star

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Musicians know they’ve created a hit when thirty-somethings have known all the song’s words since middle school. Likewise, most consumer finance lawyers recall verbatim Regulation Z’s guidance to lenders that, “The annual...more

A&O Shearman

Introduction to the Legal System of the Kingdom of Saudi Arabia

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This article sets out a brief overview of the legal system in the Kingdom of Saudi Arabia and should be treated only as a general guide and not as legal advice. ...more

Holland & Knight LLP

New York Appellate Division Strongly Supports In-House Law Firm Privilege Claim

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In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more

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