Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow the “American Rule” where each party in a lawsuit pays for their own legal costs. There are some public policy issues where the legislature wants
Finding a Place for Contra Proferentem in Arbitration
(This guest post is co-authored by Rahul Kumar and Aditya Singh. Rahul is an advocate at Sarvada and Aditya is a third-year law student at RML-NLU. This post was edited by Devansh Pandit)
The doctrine of Verba Chartarum Fortius Accipiuntur Contra Proferentum (“Contra Proferentem”) is a legal principle used in the interpretation of contracts and…
ChatGPT is Not Your Lawyer
ChatGPT is all the rage these days. Ask it a question and it gives you an answer. But use it at your own risk, as some New York attorneys recently discovered.
If you are unfamiliar, ChatGPT is an artificial intelligence that is largely free to use. It is still a work in progress. Many people…
Get Your Mediated Agreement in Writing and Signed! (Or it didn’t happen)
In 2013, the NJ Supreme Court ruled in Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C. that in order for an agreement coming out of mediation to be enforceable by the courts, it must be in writing and signed by all parties. I wrote extensively about that case.
Fast forward ten years and…
ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
[This guest post is authored by Rahul Kumar, Advocate, Sarvada Legal; Aditya Singh, 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow; and Devashish Jain, 3rd year student at Hidayatullah National Law University, Raipur. The authors can be reached at rahul@sarvada.co.in, adi823549@gmail.com, and devashishjain.2020@hnlu.ac.in. This post has been co-edited by our guest…
Frank Burke Inducted Into National Academy of Distinguished Neutrals
By Frank Burke
Happy 2023! I am pleased to announce that I have been inducted into the National Academy of Distinguished Neutrals (NADN) for both mediation and arbitration. I am thrilled to be invited to join such an elite group of mediators and arbitrators.
The National Academy of Distinguished Neutrals is a professional association whose membership consists of…
Discussing the Validity of Pre-conditions for Invocation of Arbitration
[This guest post is authored by Anjali Busar and Khushboo Sharma. Anjali is a fifth-year B.A. LL.B (Hons.) student at National Law University, Lucknow and Khushboo is a third-year B.A. LL.B (Hons.) student at National Law University, Lucknow]
Discussing the Validity of Pre-conditions for Invocation of Arbitration Proceedings
The incorporation of a multi-tiered dispute resolution…
NCSC Publishes Remote Proceeding Toolkit
By Beth Graham
The National Center for State Courts (“NCSC”) has prepared and published a “Remote Proceeding Toolkit.” This useful document addresses the basics of remote proceedings, policies, and technology considerations. It also offers tips for remote proceedings, an evaluation plan worksheet, and points out areas of caution to consider.
According to the NCSC, the “toolkit…
Drawing on Psychology to Choose and Design Dispute Resolution Processes
By Beth Graham
Professor Jean R. Sternlight, Michael and Sonja Saltman Professor of Law and Director of the Saltman Center for Conflict Resolution at the University of Nevada, Las Vegas, William S. Boyd School of Law and Jennifer K. Robbennolt, Associate Dean for Research, Alice Curtis Campbell Professor of Law, Professor of Psychology, and Co-Director of…
Welcoming Mediator/Arbitrator Tracy McCormack
By Karl Bayer
Dear friends,
It is my great pleasure to introduce Tracy Walters McCormack, former Director of Advocacy at The University of Texas School of Law, who will be joining our team as an experienced mediator, arbitrator, and consultant.
Tracy is available immediately for mediations and arbitrations, both in-person and remote, as well as the services below.…