Roundtable Discussion: The Pros and Cons of Arbitration

Arbitration is the ever-evolving tool of choice for many organizations seeking to resolve disputes without resorting to more costly and time-consuming litigation. In this roundtable conversation, Barry Ostrager, partner, Simpson Thacher & Bartlett; Pamela Corrie, general counsel and chief risk counsel, GE Capital; and Abraham D. Sofaer, former federal judge, chairman and founder of Federal Arbitration Inc. (FedArb), discuss trends, challenges, innovative new models and what the future holds for arbitration.


The Enforceability of No-Waiver Provisions in Commercial Leases

As with any other provision in a negotiated commercial lease between sophisticated parties of relatively even bargaining power, courts will generally enforce "no waiver" provisions. Nevertheless, courts sometime hold ? again, as with any other commercial lease provision -- that no-waiver provisions can themselves be waived.

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Case Motions
  • 50 Carmine Restaurant Associates v. Al Elias – In breach of contract case involving sale of premises leased to plaintiff restaurant owner, defendants move to dismiss tortious interference claim, asserting there was no contract (Justice Saliann Scarpulla)
    January 23, 12:13 PM EST
  • Gedula 26 v. Lightstone Acquisitions III – In dispute involving clause to retain office amid $182 million building sale, defendants move to dismiss, arguing that service initiating process with law firm is insufficient to obtain personal jurisdiction over defendants (Justice Eileen Bransten)
    January 23, 12:08 PM EST
  • SACO I Trust 2006-5 v. EMC Mortgage – In RMBS put-back action, plaintiffs move for order to establish liability and determination of damages through statistically valid, representative sample of loans and to admit statistician's proposed samples as reliable evidence (Justice Eileen Bransten)
    January 23, 12:03 PM EST
  • Elissa Abreu v. Barkin and Associates Real Estate – In action to collect on a judgment of $194,764, respondent real estate brokerage moves to reargue Ramos' decision granting petitioners' summary judgment motion, asserting court overlooked law limiting determination of prima facie case (Justice Charles E. Ramos)
    January 23, 12:01 PM EST