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

    Spring 2014

    Message from the Chair
    (John Wilkinson)

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

    Dispute Resolution Section News

    New Subcommittee of Mediation Committee

    Reports from the Dispute Resolution Section Annual Meeting Program


    Ethical Compass
    The Cheater’s “High”—Harmonize Ethics, Research and Negation Behavior
    (Professor Elayne E. Greenberg)

    Arbitration
    How Technology Assisted Review Can Decrease the Cost of E-Discovery in Arbitrations
    (Ignatius Grande and Joseph Lee)

    The American Arbitration Association’s Amended Commercial Arbitration Rules
    (Eric P. Tuchmann)

    The Basics of Company Valuation for Dispute Resolution Professionals
    (David R. Hobbs and Chris Thorpe)

    The Forum of Choice for Arbitrating Cybersquatting: The Uniform Domain Name Dispute Resolution Policy
    (Gerald M. Levine)

    Class Arbitration Decisions in 2013 Confirmed the Importance of Class Action Waivers
    (Lea Haber Kuck and Gregory A. Litt)

    What Is Expert Determination? The Secret Alternative to Arbitration
    (Steven H. Reisberg)

    Condition Confusion: A Look at BG Group PLC v. Republic of Argentina
    (Ross J. Kartez)

    Mediation
    Negotiation Tricks for Successful Mediators: The Framing Effect
    (Claudia Winkler)

    Conflicts Between the Ethical Principles That Are Critical to Preserving Trust in the Mediation Process—A Need for Increased Understanding and Concern
    (Simeon H. Baum and Daniel F. Kolb)

    International
    The German Mediation Act—An Overview
    (Prof. Dr. André Niedostadek, LL.M.)

    In New York, Limitations on Use of Estoppel Doctrine to Join Non-Signatories to an Arbitration Agreement
    (Alexandra Dosman)

    Will Patents Be the Next Wave in Investor-State Arbitration?
    (Sherman Kahn)

    Book Reviews
    The Rise of Transparency in International Arbitration: The Case for the Anonymous Publication of Arbitral Awards
    (Reviewed by Kim J. Landsman)

    The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, Third Edition
    (Reviewed by Stefan B. Kalina)

    Case Notes
    Second Circuit Denies Argentina’s Foreign Sovereign Immunity Claim in Arbitration Dispute—Blue Ridge Investments, L.L.C. v. Republic of Argentina, 735 F.3d 72 (2d Cir. 2013)
    (Michael L. Huggins)

    The Ninth Circuit Precludes Parties from Contractually Divesting Courts of Authority to Review Arbitration Awards as Specified in the FAA—In re Wal-Mart Wage and Hour Employment Practices Litigation, 737 F.3d 1262 (9th Cir. 2013)
    (Steven W. Shuldman)

    Excluding Evidence in Arbitrations Is Not Always a Basis for Vacatur—Doral Financial Corp. v. García-Vélez, 725 F.3d 27 (1st Cir. 2013)
    (Laura A. Kaster)