New York Dispute Resolution Lawyer Table of Contents

Fall 2014

Message from the Chair
(Sherman Kahn)

Message from the Co-Editors
(Edna Sussman, Laura A. Kaster and Sherman Kahn)

Ethical Compass
When the Price of Settlement Is Ethically Prohibitive: Non-Disparagement Clauses That Apply to Lawyers
(Professor Elayne E. Greenberg)


Arbitrator Deliberations: The Impact of the Unconscious on Decision Making

(Edna Sussman)

AAA Releases New Construction Industry Cost Containment Rules—It’s Not Too Late to Opt In
(Amy Eckman)

The Emergence of Emergency Procedures in Arbitration
(Kim Landsman)

Arbitrating a Dispute with a Pro Se Party: The Challenges the Arbitrator Faces
(Jeffrey T. Zaino)

Lawyers’ “Competence” in the Funding World
(Selvyn Seidel and Sandra Sherman)


New York Commercial Division’s New Mandatory Mediation Pilot Program

(Laura A. Kaster)


How Useful Are Party-Appointed Experts in International Arbitration?

(Howard Rosen)

Arbitration by Default Rather Than by Consent
(Margaret L. Moses)

The New 2014 WIPO ADR Rule Set: Flexible, Efficient and Improved
(Peter Michaelson)

Toward a Treaty Basis for Transparency in Investor-State Arbitration

(Alexandra Dosman)

Book Reviews

Soft Law in International Arbitration
(Reviewed by Stefan B. Kalina)

Guerrilla Tactics in International Arbitration
(Reviewed by Edna Sussman)

Case Notes

Veleron Holding—U.S. Courts Will Not Follow Foreign Arbitral Confidentiality Requirements
(Laura A. Kaster)

CEATS, Inc. v. Continental Airlines, Inc.—Using an Objective Reasonableness Standard, the Federal Circuit Finds That a Mediator’s Duty to Disclose Potential Conflicts Is Analogous to a Judge’s Duty to Recuse Under 28 U.S.C. §455(a)
(Barbara A. Mentz)

Cellu Beep, Inc. v. Telecorp Communications, Inc.—Ruling on Statute of Limitation by Arbitrator Did Not Establish Bias and Decision That Mediation Did Not Toll Limitations and Was Not Manifest Disregard
(Laura A. Kaster)

Union Carbide Canada Inc. v. Bombardier, Inc.—Mediation Is Inherently Confidential Yet Mediation Communications Are Admissible in Court Proceedings to Enforce a Settlement Agreement Allegedly Made in Mediation
(Barry Leon)