The factors that contribute to an imbalance of power are often hard to notice on a day-to-day basis, but over time they contribute to an unhealthy dynamic if they are not addressed. Imbalances of power can be found in every relationship that we engage in as humans, from our most vulnerable and trusted relationships with …
When bringing a lawsuit, the parties may need the term locus standi clarified. The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept. Yet having locus standi is the foundation of bringing …
Negotiating the terms of a contract can be difficult, and when the parties are not able to reach an agreement because of something that may happen in the future, they may decide to use a contingent contract to form an agreement. A contingent contract may sound like an oxymoron, as the finality of contracts is …
Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …
Business litigation is the process of presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court. There are a variety of topics that may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These business litigation disputes …
The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally. Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way. Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …
The Court of Arbitration for Sport is also known as the Supreme Court for sport. Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world. Most countries around the world have …
Read moreWhat is the Role of the Court of Arbitration for Sport?
One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof. Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …
Read moreClass Action Arbitration: The Legality and Related Waiver Clauses
Similar in some ways to a judgment from a court, an arbitration award decides how the dispute will be resolved. See how it differs from a litigation judgment.
If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
