New York Dispute Resolution Lawyer Table of Contents

Spring 2015

Message from the Chair
(Sherman Kahn)

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

Section News

Dispute Resolution and Corporate Counsel Sections Annual Meeting Program: How to Succeed in ADR (by Really Trying)—A Blueprint for the Effective Use of Arbitration and Mediation

Panel I: ADR Choices Have Consequences—A debate on the pros and cons of arbitration
(Donia Alwan)

Panel II: Nothing But the Truth?—Ethical duties of candor in ADR
(Cam Tu Vo Thoi Lai)

Panel III: The Verdict—How do arbitrators actually deliberate?

(James Ng)

Panel IV: Show Me the Money! How damages are determined in arbitration

(Maria Alejandra Arboleda)

Ethical Compass

When “Yes” Actually Means “No”: Rethinking Informed Consent to ADR Processes
(Professor Elayne E. Greenberg)


Using Forum Selection Clauses to Avoid Default Arbitration Rules
(Emily K. McWilliams and Howard S. Suskin)

“And, the Law Applicable to the Arbitration Agreement Is…”
(Erika Sondahl Levin)


Striving for the “Bullet-Proof” Mediation Settlement Agreement
(Edna Sussman and Conna A. Weiner)

A Labor Mediator’s Perspective on Mediation
(Ira B. Lobel)


Commissions Import Export v. Republic of the Congo: Finding No FAA Preemption and Endorsing Parallel Mechanism for Enforcing Foreign Judgments

(Theodore K. Cheng)

Dealing with “Pathological” Arbitration Clauses: The Italian Approach
(Fabrizio M. Prandi)

Large-Scale Empirical Study of International Commercial Mediation and Conciliation Provides Support to UNCITRAL Process
(S.I. Strong)

The Time Has Come: An International Regime for the Enforcement of Mediated Settlement Agreements
(Edna Sussman)

The Future of International Mediation—Is a Revolution at Hand?

(Laura A. Kaster)

Book Review

New York Contract Law: A Guide for Non-New York Attorneys
(Reviewed by Stefan B. Kalina)

Case Notes

Paula Andrews v. County of Rockland, 992 N.Y.S.2d 131 (2d Dep’t 2014)—Vacating an award under CPLR 711 on the ground that it was not final and definite because the arbitrator failed to determine the negligence of each party, which was the issue submitted to him
(Severine Losembe Botumbe)

Scope of Arbitration Clauses in Jurisdictional Disputes—FarmedHere, LLC v. Just Greens, LLC—Illinois Court Cannot Hear Preliminary Matters Where New York Arbitration Is Provided
(Gabrielle Lyons)

Contracted Arbitration May Not Be Waived Due to Initial Litigation—LG Electronics, Inc. v. Wi-LAN USA, Inc.
(Megan Martucci)