New York Dispute Resolution Lawyer

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  • About this Publication

    The New York Dispute Resolution Lawyer features peer-written substantive articles relating to the practice of dispute resolution on various topics including arbitration, mediation, and collaborative law. Also included are updates on case law and legislation, as well as Section activities. Edited by Edna Sussman, Esq., Laura A. Kaster, Esq. and Sherman Kahn, Esq. the New York Dispute Resolution Lawyer is published by the Dispute Resolution Section and distributed to Section Members free of charge.

    The New York Dispute Resolution Lawyer is published as a benefit for members of the Dispute Resolution Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission. 
    © New York State Bar Association. All rights reserved.  ISSN 1945-6522 (print)     ISSN 1945-6530 (online)

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  • Table of Contents Current Issue

    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)