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All articles tagged '"New York"'
85 articles found
Special Masters: How to Make the Best of Both Worlds, Part I
By Merril Hirsh, James M. Rhodes & Karl Bayer - November 12, 2014
An article in the Spring 2014 issue of the ABA’s Dispute Resolution reports on the sad results of a 2011 Fortune 1000 ADR survey. The survey updated a 1997 study. The bottom line: in 1997, Fortune 1000 companies, tired of the expense and inefficiency of litigation, were overwhelmingly interested in using arbitration. In 2011, Fortune 1000 companies, tired of the expense and inefficiency of arbitration, were really more interested in mediation.
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.
U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL
By Beth Graham - July 20, 2014
Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City.
New York’s Commercial Dispute Rocket Docket
By Renee Kolar - June 5, 2014
The state of New York now offers a consensual accelerated commercial dispute docket for the Commercial Division of its State courts. Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts provides that disputing parties who consent to this process must be ready for trial in nine months (including completion of mandatory mediation).
Federal Appellate Court Orders United Healthcare, Physicians to Mediation
By Beth Graham - March 10, 2014
A federal appellate court in New York has reportedly ordered a dispute between United Healthcare and two county medical societies to mediation. The lawsuit arose in October 2013 after the insurer removed thousands of doctors in Connecticut and other states from its Medicare Advantage network.
The ‘Circle of Assent’ Doctrine and the Mandatory Pre-Dispute Arbitration Clause
By Beth Graham - March 6, 2014
Paul Bennett Marrow, Adjunct Professor of Law at New York Law School, and Craig E. Penn, Attorney at Penn & Associates, recently published The 'Circle of Assent' Doctrine and the Mandatory Pre-Dispute Arbitration Clause: When the Unconscionable Contract Analysis Just Won't Do, Dispute Resolution Journal, Vol. 68, No. 3, 2013.
Fifth Circuit Holds Procedural Questions for ICDR to Decide
By Beth Graham - October 29, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution ("ICDR").
N. D. Texas Holds Prior Arbitration Precludes Fraud Claim in Merger Dispute
By Beth Graham - October 10, 2013
The Northern District of Texas has reportedly dismissed a lawsuit after determining that an arbitration panel’s decision precluded the plaintiffs’ fraud claim.
SD of Texas Compels Arbitration with Nonsignatory in Maritime Dispute
By Beth Graham - August 30, 2013
The Southern District of Texas has ordered arbitration with a nonsignatory in a maritime contract dispute.
SDNY Confirms $5 Million Award in Heated Miss Universe Beauty Pageant Dispute
By Beth Graham - July 11, 2013
The Southern District of New York has confirmed an arbitrator’s $5 million award in a beauty pageant dispute. In Miss Universe, LP, LLLP v. Sheena Monnin, No. 12 Civ. 9174 (JPO), the newly selected 2012 Miss Pennsylvania, Sheena Monnin, signed three contracts related to her title.
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