Practice Points

Second Circuit Recognizes Exception to Functus Officio Doctrine

By Michael S. Oberman – February 6, 2019 | The court affirmed, largely based on precedent from other circuits.

The Hague Conference Guide on the Use of Video Links

By S. I. Strong – January 23, 2019 | Although the Hague Evidence Convention is not binding in arbitration, neutrals and advocates would be well advised to take these principles into consideration.

Articles

An Arbitration Agreement Must Identify the Forum and Rules

By Robert E. Bartkus – January 29, 2019 | A New Jersey court has upended the parties' intention to arbitrate their disputes unless their agreement provides for a process for making those determinations.

Termination Provisions May Defeat Arbitration

By Robert E. Bartkus – January 3, 2019 | New Jersey trial court refuses to compel arbitration on the grounds the contract had, by its terms, “expired” before the dispute arose.

Sound Advice Podcasts

Preparing For Your First Arbitration Pre-Hearing

By Joan Stearns Johnsen – November 6, 2018 | Arbitration advocacy is the same as litigation advocacy and completely different. The Pre-Hearing Conference is the first opportunity to interact with your panel. Here are some tips so that even if it is your first arbitration pre-hearing conference, the panel will not know it. (3:24 min)

Should You Take Discovery Before Mediating?

By Joan Stearns Johnsen – November 6, 2018 | How much is enough? The earlier you mediate the greater the savings for your client. How can you take just enough so your settlement is rational and your client is happy. (2:35 min)

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