Alternative Dispute Resolution
Arbitrating in New York and Miami
Luis O'Naghten and Martin Domb, partners at Akerman, write: Although New York has long been recognized as the most popular U.S. venue for international arbitrations, Miami has come a long way in establishing itself as the second most popular venue in the United States.
Leslie Berkoff, a partner at Moritt Hock & Hamroff, writes: Mediation in the bankruptcy context at times offers some very unique and key distinctions. One key difference is that the party often acting as the plaintiff in the adversary proceeding or contested matter is not necessarily the business owner but rather a litigation committee or trustee who is running a court ordered process long after the debtor has failed.
John Dellaportas, a partner at Morgan, Lewis & Bockius, writes: It is generally thought that those who have not signed an arbitration agreement cannot be compelled to arbitrate. While that is often the case, like most legal rules, it has its exceptions. The U.S. Court of Appeals for the Second Circuit has recognized five such exceptions, and courts have cited each as supporting arbitral jurisdiction over a non-signatory to an arbitration clause in a contract signed by other parties.
Alexander D. Hardiman and Peter A. Halprin of Anderson Kill write: There has been growing resistance from some legislatures and consumer groups against the inability of state legislatures to restrict the use or terms of arbitration agreements under state law because of the FAA. One area in particular—insurance and the McCarran-Ferguson Act—may offer a blueprint for those groups to advocate for reform in other areas.
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