It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money. More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...
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...
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...
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."...
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. ...
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"...
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....