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Consolidation in Arbitration
Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration. Rules do exist concerning the proper use of consolidation, but they are so complex and uncertain that the costs of forcing consolidation on unwilling parties, even where conceptually justifiable, appear to outweigh any benefits secured. When parties consent to consolidation, on the other hand, it can provide important benefits for resolving related cases and identical claims. Even limited forms of consolidation can offer concrete and meaningful benefits.
Forced Consolidation
The Federal Arbitration Act aims to advance the administration of justice, but adopts no particular view of the purposes of arbitration other than to enforce written agreements to arbitrate “in the manner provided for in such agreement.” This governing principle implies that parties may be required to use consolidation in arbitrations only when they have agreed to do so, and may expressly preclude its use. The U.S. Supreme Court has confirmed these conclusions in decisions concerning class actions that require proof that the parties to an arbitration agreed to the use of class actions, and that uphold their agreements to preclude the use of class actions.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?