Arbitration – Rivkin Law Group

March 26

Posted By: Oleg Rivkin
Posted In: Arbitration , Litigation , News
Date: March 26, 2020
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What to Expect When the Clouds Clear

The common theme in our clients’ inquiries of late is what will happen to their ongoing or anticipated U.S. litigations once the crisis abates. This is of particular concern to foreign-based companies for whom venturing, willingly or not, into the American litigation arena is a fraught exercise to...

March 18

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Advice , Legal Advice , Litigation
Date: March 18, 2020
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Law In The Time of Coronavirus*

This too shall pass and before long many of us will be back in courtrooms arguing our clients’ causes. As is true in every crisis, cases of contractual defaults will greatly increase and lawyers will be tasked with formulating legal theories to support (or oppose) companies’ nonperformance of ...

November 27

Posted By: Oleg Rivkin
Posted In: Arbitration , News
Date: November 27, 2019
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Mandatory Employment Arbitration Agreements Under Attack

For many years U.S. employers routinely included mandatory arbitration and confidentiality clauses in employment agreements, secure in the knowledge that these would be enforced by the courts. This presumption of enforceability no longer applies. With the advent of the #MeToo movement a number of ...

November 07

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Articles , Litigation
Date: November 7, 2019
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Court of Appeals Allows U.S. Discovery in Aid of Private Foreign Arbitration

The Sixth Circuit Court of Appeals (which covers the states of Michigan, Ohio, Tennessee and Kentucky) has recently held that parties engaged in a private international arbitration sited outside of the U.S. may obtain discovery in the U.S. in aid of that arbitration pursuant to 28 U.S.C. § 1782. Un...

August 22

Posted By: Oleg Rivkin
Posted In: Arbitration , Law Articles , News
Date: August 22, 2019
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- 2113

Supreme Court to Decide Important International Arbitration Question

The United States Supreme Court has accepted for review the question of whether, under the New York Convention on the Recognition and Enforcement of Foreign Judgments (the “New York Convention”), a non-signatory to an arbitration agreement can compel arbitration based on the doctrine of equitabl...

March 22

Posted By: Oleg Rivkin
Posted In: Arbitration , Litigation , News
Date: March 22, 2017
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New York Federal Courts Expand Discovery for Use in Foreign Tribunals

In two important decisions, New York federal courts significantly expanded the scope of discovery under 28 U.S.C. § 1782, the law that allows foreign litigants to obtain evidence in the United States for use in foreign tribunals. Section 1782 provides that a federal court may order a U.S. person (i...

October 20

Posted By: Oleg Rivkin
Posted In: Arbitration , News
Date: October 20, 2016
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Court of Appeals Deals a Blow to Arbitrator Autonomy in Contract Interpretation

In a recent decision, the U.S. Court of Appeals for the Seventh Circuit backtracked on a decades-long precedent that required deference to an arbitrator’s contract interpretation. The case, United States Soccer Federation v. United States National Soccer Team Players Association, involved a disput...

April 27

Posted By: rivkinlawgroup
Posted In: Arbitration , Law Articles
Date: April 27, 2016
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Q&A With Rivkin Law’s Oleg Rivkin

Originally published in Law360 (April 2016) Oleg Rivkin, a principal at Rivkin Law Group PLLC in New York, concentrates his practice on international litigation and arbitration involving corporate, commercial and other business disputes. His work covers a broad range, including multijurisdictional t...

February 10

Posted By: rivkinlawgroup
Posted In: Arbitration , Law Articles
Date: February 10, 2016
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- 2637

Arbitrator’s Conflict: Risks and Remedies

By Oleg Rivkin Originally published in Corporate Counsel Magazine (February 2016) When corporate counsel and their outside lawyers think of conflicts of interest in the context of litigation or arbitration, what normally comes to mind is the typical situation. A lawyer is conflicted because her firm...

March 01

Posted By: rivkinlawgroup
Posted In: Arbitration , Law Articles
Date: March 1, 2014
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- 1913

Международный Арбитраж – Как Избежать Нокаута

By Oleg Rivkin Originally published in Новая Адвокатская Газета (Март 2014) Практикующим адвокатам хорошо известно об извилистом пути, часто пролегающем между подачей искового заявл�...