August 2020 Archives

Emergency Measures of Protection - What are your thoughts?

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Under the AAA-ICDR Commercial Rules, either party can request Emergency Measures of Protection (R-38) and have an Emergency Arbitrator appointed. This is an automatic process regardless of the issue and level of emergency relief sought. Should the rule include a "good faith" standard for seeking emergency relief? If the emergency arbitrator deems the emergency relief to be frivolous and clearly sought to delay the process and increase costs, should the regular non-emergency arbitrator consider sanctions in addition to costs for the emergency proceeding?

Please provide your thoughts/comments below.

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What ethical dilemmas do we face as we conduct virtual/video arbitrations and mediations? Are there issues unique in comparison to in-person proceedings? How should we address these ethical issues?

Please provide your thoughts and comments below.

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The Dispute Resolution Section of NYSBA has proudly published this complementary issue of the New York Dispute Resolution Lawyer: Viral Changes in ADR During the Pandemic. This is a public service by the Section to provide all with access to this important resource.

Kudos to the editors Edna Sussman, Laura Kaster and Sherman Kahn!

See below to download the PDF.

Summer-2020_WEB DisputeResolutionLawyer.pdf

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THE TIME IS NOW: Achieving Equality for Women Attorneys in the Courtroom and in ADR

2020 Women's Initiative Task Force Follow-Up Study

See the complete study:

The Time Is Now- Achieving Equality for Women Attorneys in the Courtroom and in ADR_UTF-8_B_4oCd_.pdf

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Should there be a presumption in favor of virtual hearings for all new arbitration cases? At the early stages of a new case, should the institutions and arbitrators now discuss going virtual with the parties?

Please provide your thoughts/comments below.

A Message From Four NYSBA Section Chairs

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During this Crisis, Members of the Bar Need Not Remain on the Litigation Sidelines While Practicing Social Distancing - We Can All Assist the Courts and Contribute to the Public Good By Promoting Settlement

The path forward for our state and our courts indicates that it will be some time before full in-person operation of and access to the courts will return; there will be serious backlogs and many new filings delaying access to justice. We believe it is incumbent upon all members of the Bar to recognize a continuing professional obligation to reduce the burdens facing the court system by taking whatever reasonable and safe steps we can to maintain open communications and promote both the resolution of disputes and efficient progress in pending cases.

Join us now in a Call to Action to make and receive settlement calls: During the first week of each month, until we are fully back to normal operation, consider using any mode of communication at your disposal to contact opposing counsel and encourage conversations, including with parties when appropriate, aimed at resolving matters or making progress toward resolution. Taking such steps would represent a significant contribution by the Bar to the public interest and the public good. Moreover, at a time when the public would benefit from reducing the strains placed on available capital, resolving disputes would help reduce ongoing costs.

Just a call between counsel and an effort to communicate about what is needed to resolve a case can result in progress towards a resolution, if not a settlement. If a conversation is not enough, consider suggesting mediation via a video teleconferencing platform or other virtual means to bring counsel and parties together with a neutral.

We ask every New York lawyer to start making those calls and welcome them in an effort to resolve their clients' pending disputes.

Laura A. Kaster, Chair Dispute Resolution Section

Jonathan Fellows, Chair Commercial and Federal Litigation Section

Michael A. Oropallo, Chair Intellectual Property Law Section

Joy Echer, Chair Corporate Counsel Section


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How should arbitrators manage requests for postponements caused by uncertainty around school and college reopenings?

Please provide your thoughts/comments below.

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