By: Annemargaret Connolly and Thomas Goslin , WEIL GOTSHAL & MANGES LLP
Climate change is arguably the most high-profile and rapidly evolving environmental issue facing the global...
By: K. James Sullivan, CALFEE , HALTER & GRISWOLD LLP
This article addresses the topic of parametric insurance, a type of insurance that does not indemnify the pure loss, but ex ante agrees to make...
By: John Erskine , NOSSAMAN LLP
This article discusses the legal and policy framework for addressing sea level rise (SLR) in the 21st century in the United States, with an emphasis on the California...
By: Steve Gockley , MOYE WHITE LLP
Colorado is nationally recognized as one of the leading states in the battle against climate change. As more states and localities consider climate change legislation...
By: The Practical Guidance Real Estate Team
This tracker provides an overview of New York climate change legislation that impacts real estate ownership and development.
This document tracks legislation...
By: Theodore K. Cheng, Esq., ADR Office of Theo Cheng
This article discusses the complex issue of whether and how an arbitrator can compel parties to participate in remote arbitration hearings amid the novel coronavirus (COVID-19) pandemic.
ONE IMPACT OF THE PANDEMIC HAS BEEN TO CREATE DELAYS in the scheduling of in-person arbitration evidentiary hearings due to ongoing governmental regulations, travel restrictions, and concerns over personal health and safety. This delay undoubtedly compromises the promise of arbitration as an expeditious and cost-effective dispute resolution process. By agreement, some parties have arranged to proceed remotely using any one of the many available video teleconferencing (VTC) platforms, such as Zoom, WebEx, or Microsoft Teams. Even if the arbitration agreement expressly prohibits holding a remote hearing, the parties could nonetheless agree otherwise and proceed remotely.
But what if there is a dispute between the parties as to whether to proceed remotely? When the parties’ arbitration agreement specifically forbids remote hearings, it is a relatively easy matter for the arbitrator to:
But rarely do today’s agreements explicitly address this issue. CLICK HERE TO READ THE FULL ARTICLE IF YOU ARE A PRACTICAL GUIDANCE SUBSCRIBER