Arbitration

Dispelling Arbitration Myths

Arbitration

Dispelling Arbitration Myths

A panel at the ABA Annual Meeting in Chicago once again engaged in "Myth Busting," using facts and logic to dispel many of the notions that, without factual basis, encumber user perceptions of arbitration.  Among these are that arbitrators "split the baby" and that arbitration is as costly and lengthy as...

More

Arbitration|Courts

Second Circuit on Reviewing the Scope of an International Tribunal's Authority

Arbitration|Courts

Second Circuit on Reviewing the Scope of an International Tribunal's Authority

The Second Circuit Court of Appeals recently had occasion to find fault in a district court determination of arbitral authority to rule on the scope of an international arbitration agreement.  But the Court of Appeals nevertheless affirmed the tribunal award on the ground that clear and unmistakable evidence of an...

More

Arbitration|Courts

Sanctions for Baseless Motion to Vacate Arbitration Award

Arbitration|Courts

Sanctions for Baseless Motion to Vacate Arbitration Award

The District Court for the Southern District of New York has awarded attorney's fees to a party who incurred those expenses responding to a motion to vacate an arbitration award, upon a finding that the motion was brought without any legal basis, and constituted "a largely dilatory effort."...

More

Conflict Resolution|Teaching

ABA Business Law Dispute Resolution Committee Offerings at Annual Meeting

Conflict Resolution|Teaching

ABA Business Law Dispute Resolution Committee Offerings at Annual Meeting

At the ABA Annual Meeting this week I will be privileged and honored to be entrusted with the Chair of the Dispute Resolution Committee of the Business Law Section for a three-year term.  The Committee is growing in size and influence, and will be associated with several CLE offerings. ...

More

Mediation

CA Municipalities Must Mediate Before Filing Bankruptcy

Mediation

CA Municipalities Must Mediate Before Filing Bankruptcy

Karol Denniston of Schiff Hardin has brought our attention to recently enacted legislation in California requiring mediation, in most instances, before a municipality may seek protection under Chapter 9 of the federal bankruptcy laws. The new law (Assembly Bill 506) requires a municipality to either participate in a 60-day "neutral evaluation process"...

More

Arbitration|Courts

State Appellate Court Affirms Judicial Determination of Arbitrability

Arbitration|Courts

State Appellate Court Affirms Judicial Determination of Arbitrability

Amid the confusion of various holdings on arbitrability, and who decides arbitrability, and how parties decide who decides arbitrability, comes a lucid and calm opinion from the Superior Court of New Jersey Appellate Division in Merrill Lynch v. Cantone Research....

More

Conflict Resolution|International|Negotiation|Religion

Law Review Article on Alternatives to Interest-Based Bargaining

Conflict Resolution|International|Negotiation|Religion

Law Review Article on Alternatives to Interest-Based Bargaining

Many colleagues -- both professors and practitioners -- have kindly supported and encouraged my ongoing inquiry into methods of conflict resolution that are based on assumptions other than self-interest.  These investigations have appeared periodically in this blog and in papers and presentations at various professional meetings and symposia. The Cardozo Journal of...

More