Selected Articles and Publications

Publications: Editor in Chief, New York Dispute Resolution Lawyer, Associate Editor of Oil Gas and Energy Law Intelligence; formerly co-authored monthly column on litigation practice for the Legal Times of New York and served as co-editor of the Letter of Credit Reporter and on the Advisory Board of Lender Liability Law Report

Inaugural issue of New York Dispute Resolution Lawyer - Fall 2008

Selected ADR Articles:

• The Dodd Frank Act: Seeking Fairness and the Public Interest in Consumer Arbitration,
  ABA, Dispute Resolution Magazine, Fall 2011 (PDF)
• Reflections on the Use of Dispositive Motions in Arbitration, NY Dispute Resolution Lawyer, Vol. 4 No. 1, Spring 2011 (PDF)
• Comments to the Consumer Financial Protection Bureau in Connection with its Review of Arbitration for Consumer Financial Products or Services, forthcoming in Cardozo L.R. Spring 2011 (PDF)
• All’s Fair in Love and War: or is it?: An International Code of Ethics for Counsel in Arbitration, forthcoming in American Review of International Arbitration Spring 2011 (PDF)
• Time and Costs Solutions for Commercial Arbitration, Dispute Resolution February/April 2011 (PDF)
• The Advantages of Mediation and the Special Challenges to its Utilization in Investor State Disputes, Revista Brasileira de Arbitragem, February 2011 (PDF)
• A Multilateral Energy Sector Investment Treaty: Is it Time for a Call for Adoption by all Nations? International Lawyer, January 2011 (PDF)
• Combinations and Permutations and Mediation: Issues and Solutions, in ADR in Business, editor, Arnold Ingen-Housz (Kluwer Publisher) 2010 (PDF)
  
• Arbitration Agreements and Bankruptcy: Which Law Trumps When? NABTalk, Journal of the National Association of Bankruptcy Trustees, Summer 2010 (PDF)
• The Energy Charter Treaty Can Foster Solutions to Global Warming and Promote Sustainable Development, forthcoming in Sustainable Development in International Investment Law, Editor Andrew Newcombe (Publisher Kluwer) 2010 (PDF)
• Examining the Enforceability of Arbitration Agreements in Bankruptcy Proceedings in the United States, forthcoming, International Bar Association Arbitration Newsletter March 2010
• Adaptation to Climate Change: Fostering Progress Through Law and Regulation, lead author with David C. Major, New York University Law School Environmental Law Review, January 2010 (PDF)
• Law, Regulation and Climate Change, lead author with David C. Major, chapter in New York City Panel on Climate Change, 2009 Report (publisher New York Academy of Sciences) 2010
• Climate Change Framing and Social Marketing: The Influences that Persuade, Pace Law School Environmental Law Journal, forthcoming January 2010 (PDF)
• How to Use Experts in Mediation, in Mediation Techniques, International Bar Association 2010 (PDF)
• Investor State Dispute Mediation: The Benefits and Obstacles; in Contemporary Issues in International Arbitration and Mediation, The Fordham Papers Vol. 3 2009, Editor Arthur W. Rovine  (Publisher Martinus Nijhoff) 2010 (PDF)
• Why Arbitrate: The Benefits and Savings, NYS Bar Association Journal, Oct. 2009 (PDF)
• International Perspectives, Arbitration Agreements and Bankruptcy, NY Dispute Resolution Lawyer Fall 2009 (PDF)
• Arbitration Agreements and Bankruptcy: Which Law Trumps When? NY Dispute Resolution Lawyer Fall 2009 (PDF)
• The New York Convention Through A Mediation Prism, ABA Dispute Resolution  Magazine Summer 2009 (PDF)
• The Arbitration Fairness Act and Unintended Consequences, The Federal Lawyer, Vol. 56, number 4,  May 2009 (PDF)
• The Arbitration Fairness Act: Unintended Consequences Threaten U.S. Business, 18 American Review of International Arbitration 455 (2009) (PDF)
• Developing an Effective Med-arb/Arb-med Process, New York Dispute Resolution Lawyer,
   Vol. 2  No. 1 Spring 2009 (PDF)
• User Preferences and Mediator Practices: Can They Be Reconciled Within the Parameters Set by Ethical Considerations, publication forthcoming in World Arbitration And Mediation Review. (PDF)
• The Final Step: Issues in Enforcing the Mediation Settlement Agreement, publication forthcoming in Contemporary Issues in International Arbitration and Mediation, The Fordham Papers 2008, Edited by Arthur W. Rovine (Martinus Nijhoff Publishers) (PDF)
• The Reasons For Mediation’s Bright Future, New York State Bar Association, NY Dispute Resolution Lawyer, October 2008 (PDF)
• The Energy Charter Treaty Affords Investor Protections and Right to Arbitration, Oil Gas and Energy Law Intelligence, October 2006 (PDF)
• Through Mediation, Adversaries Learned the Facts and Settled, Construction News, March 2007 (MS Word)
• Survey of U.S. Case Law on Enforcing Mediation Settlement Agreements, International Bar Association’s Mediation Law Committee Newsletter, April 2006 (PDF)
• All About Motions to Dismiss, The Practical Litigator, ALI-ABA, March 2006 (PDF)
• Arbitration Rules; Flexibility in Arbitration Actions; and Service Abroad Can Be Tricky, Legal Times of New York
• Strategic Discovery, ABA’s Litigation Journal
• Electronic Depositions, ABA’s Litigation Journal