In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision. That is, I thought that there was no vehicle to waive class actions outright....
A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference. Of all the many institutions and volunteers who were responsible for this success, the International Mediation Institute takes the...
Larson Frisby of the American Bar Association recently prepared an informative memo updating the pending federal legislation and regulations that pertain to mediation and arbitration. The memo was presented at the ABA Dispute Resolution Section Council meeting in August and is well worth serious study. It is posted on the...
The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to "cut across the solos." The result is a unique new volume titled ADR...
The Dispute Resolution Section of the New York State Bar Association, under the Chairmanship of David C. Singer, has published a dandy 23-page booklet to introduce lawyers accustomed to the courtroom to the intricacies and nuances of representing a client in arbitration. as the Introduction notes: It is a common misconception...
The Union International des Avocats have hosted the World Forum of Mediation Centres since 2002, and I have attended all but three of their meetings. It is a convivial crowd of well-informed, deeply committed and sociable folks who tend to meet at interesting (mostly European) venues. The meeting scheduled for Luxembourg...
The ABA Dispute Resolution Section Spring Conference is always a highlight. For 2016 it's being held in New York City, making it real easy for me. The breadth and scope of the topics are, as usual, phenomenal, making this event consistently the Class Act of the ADR year. ...
