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Documents on Alternative Dispute Resolution
 

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HTMLAlternative” Disputes Resolution: The Mediation and Arbitration Options
Neil S. Lowenstein; Vandeventer Black LLP;
Legal Alert/Article
March 15, 2017, previously published on January 2017
Disagreements are always best resolved at the earliest stage. Construction disputes are no exception to that, and the earlier the better. Unresolved disputes can adversely affect not only the time and cost of performance; but also, and sometimes worse, relationships. And while the best dispute is...

 

HTMLNon-Signatories Can't Rely on Equitable Estoppel to Compel Arbitration in Florida
Sara C. Sáenz, Effie D. Silva; Duane Morris LLP;
Legal Alert/Article
March 9, 2017, previously published on February 1, 2017
On January 18, 2017, the United States Court of Appeals for the Eleventh Circuit held that sisters Kim, Kourtney and Khloé Kardashian (“Kardashians”) could not rely on the doctrine of equitable estoppel to force Kroma Makeup, EU (“Kroma EU”) to arbitrate its cosmetics...

 

HTMLYes We Can: The Door Opens in the Second Circuit to Discovery in Aid of International Commercial Arbitration
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 24, 2017, previously published on January 24, 2017
A Federal court in New York recently opened the door there for U.S.-style discovery of evidence in aid of foreign or international commercial arbitrations, in accordance with a unique American statute - 28 United States Code (“U.S.C.”) § 1782.

 

HTMLICC Rules on Expedited Procedure
Fatih Isik; Erdem Erdem Law Office;
Legal Alert/Article
February 15, 2017, previously published on February 1, 2017
The International Court of Arbitration of the International Chamber of Commerce (ICC Court”) has recently announced important amendments to the ICC Rules of Arbitration (“Rules”). Among others, the amendments also contain inclusion of expedited procedure to the Rules. The press...

 

HTMLDocument Production Requests in International Arbitration and Due Process Concerns
Erdem Erdem Law Office;
Legal Alert/Article
February 10, 2017
Document production requests in international arbitration play an important role, since they ensure that the parties have access to documents that are not in their possession, in order to provide sufficient proof for their claims. In parallel with this important role, document production requests...

 

HTMLMulti-Step ADR: Drafting Sensible and Effective Dispute Resolution Provisions
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2017, previously published on December 19, 2016
In this article - “Drafting Sensible and Effective Multi-Step ADR Provisions” - we provide practical advice regarding factors to be accommodated in fashioning multi-step ADR provisions that are (1) useful and (2) likely to be enforced by the courts. Read the full article here.

 

HTMLPros and Cons of Hot Tubbing in International Arbitration
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 19, 2016
In this article - “Pros and Cons of Hot Tubbing in International Arbitration” - we describe the nature of “concurrent evidence” or “witness conferencing” of experts (i.e., hot tubbing) in international arbitration, and the pros and the cons of employing such a...

 

Adobe PDFDrafting A Sensible And Effective Multistep ADR Provision
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 12, 2016
When businessmen (or their legal counsel) give much consideration to the dispute resolution provisions of their commercial agreements, they sometimes seek to delay engagement in adjudicative processes in hopes of achieving cost savings. The implicit thinking is that the longer one keeps the parties...

 

Adobe PDFPros And Cons Of Hot-Tubbing In International Arbitration
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 1, 2016
“Hot-tubbing” of experts — a procedure for the joint presentation of expert testimony — is now regularly considered, although infrequently adopted, in international arbitrations. Frequently referred to as “concurrent evidence” or “witness...

 

HTMLThe Use of Experts in International Arbitration: The Rules of the Road
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on December 23, 2016
Relevant codified procedural rules with respect to the use of experts in international arbitration are scarce, and the parties and the arbitrators therefore get to create the pertinent rules of the road in each individual proceeding. In “The Use of Experts in International Arbitration: The...

 


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