September 2019 Archives

Discovery issues - What are your thoughts?


In a case with frequent discovery issues, should an arbitrator or Tribunal schedule weekly status calls? Have you ever had a matter where one party (perhaps as a posturing techniques) provides notice that a court reporter will cover a status call? Should an arbitrator or Tribunal suggest that repeated threats to have a court reporter cover such status calls be discouraged and reconsidered because the arbitrator discourages guerrilla warfare for discovery issues?

Please provide your thoughts/comments below.

Follow up by a Mediator - What are your thoughts?


When one party accepts a proposal and the other does not at the conclusion of a mediation, what type of follow up, if any, should there be by the mediator?

Please provide your thoughts/comments below.

Under the Radar Case Law Developments in Domestic Arbitration

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If you missed the NYSBA Dispute Resolution Section: Under the Radar Case Law Developments in Domestic Arbitration program held on Tuesday, September 10th, you can now download below the terrific case law summaries prepared by Al Feliu.

Thank you to the co-chairs of the Arbitration Committee Dani Schwartz and Mansi Karol for putting together such a thoughtful program.

NYSBA DR Section CLE Presentation - September 10 2019.pdf

Post-litigation submission to arbitration - What are your thoughts?


Have you participated in an arbitration in which the agreement to arbitrate was made only after the parties had gone several rounds in court? If so, what were the considerations that convinced both sides to move their dispute to arbitration? Were they principally motivated by cost? By confidentiality? Was the court ill-suited to resolve the kind of dispute at issue?

Please provide your thoughts/comments below.

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This page is an archive of entries from September 2019 listed from newest to oldest.

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