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....
Tom Stipanowich has called the recent Supreme Court arbitration rulings the "Third Trilogy." The Circuit Courts of Appeals appear to be having trouble interpreting these influential holdings, and are coming up with awkward and inconsistent guidance. Courts of Appeal for at least six Circuits have weighed in during the past 60-90...
I recently finished another semester teaching International Commercial Dispute Resolution at New York Law School, and once more was reminded of how much one learns when one teaches. The final papers in the course were very good, and I have chosen a few to share, with the permission of the...
I was privileged to be included in the recent European Users' Council Symposium at Tylney Hall, near Basingstoke, England, and organized by the London Court of International Arbitration. Present were international practitioners and arbitrators; inside council of global corporations who regularly use international arbitration; professors of international dispute resolution; representatives...
For the past ten years (and counting), Dr. Ivan Sutter and Oxford Health Plans have been engaged in a dispute arising from a 1998 agreement pursuant to which Dr. Sutter would provide health services to Oxford's members and Oxford would compensate the doctor at a predetermined rate. Seeking quick, efficient resolution of...
I remember attending the first meeting of the Dispute Resolution Section of the American Bar Association, in Boston, in 1999. I was on a panel discussing Y2K, and absolutely everybody I had ever met in ADR was in attendance. Y2K has since moved on, but the ABA Dispute Resolution Section...
Juris Publishing has issued a wonderful, concise and revelatory volume edited by arbitration gurus Larry Newman and Ben Shepard. Take the Witness is a collection of do's, don'ts, and real-life examples that thread the fine needle of cross-examination before a panel of international arbitrators -- many of whom are unfamiliar with,...