United States: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
The ICC’s 2026 Arbitration Rules: An Early Preview Of The Changes (Part 2)
The International Court of Arbitration of the International Chamber of Commerce (ICC) has announced its revised 2026 ICC Arbitration Rules (the Rules), which entered into force on June 1, 2026. Per the ICC, the amendments are aimed at enhancing transparency and efficiency in ICC proceedings, strengthening confidence in the arbitral process, and codifying several practices that have already developed under existing ICC case administration.
United States Litigation
AP
Arnold & Porter
Article
Court Of Appeals Resolves Appellate Division Split And Explains When A Statute Is “sufficiently Specific” In Order To Establish Vicarious Liability Under New York’s Labor Law
The Court of Appeals has resolved a longstanding split among New York's Appellate Division circuits regarding whether Industrial Code Section 23-4.2(k) creates vicarious liability for construction site owners under Labor Law § 241(6). The decision clarifies the critical distinction between broad safety concerns and specific statutory commands that can impose nondelegable duties on property owners in construction accident cases.
United States Litigation
CM
Carr Maloney
Video
Consumer Counterpoint: Episode 18 – Reconsidering Arbitration: A Changing Trend (Video)
Kristine Argentine and Paul Yovanic examine the evolving landscape of arbitration, exploring recent developments in litigation strategy, shifting judicial perspectives, and the growing use of coordinated mass filings. They offer practical insights into when arbitration provisions still make sense and when companies may want to rethink their approach in light of current risks and trends.
United States Litigation
SS
Seyfarth Shaw LLP
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Article
Court Of Appeals Resolves Appellate Division Split And Explains When A Statute Is “sufficiently Specific” In Order To Establish Vicarious Liability Under New York’s Labor Law
The Court of Appeals has resolved a longstanding split among New York's Appellate Division circuits regarding whether Industrial Code Section 23-4.2(k) creates vicarious liability for construction site owners under Labor Law § 241(6). The decision clarifies the critical distinction between broad safety concerns and specific statutory commands that can impose nondelegable duties on property owners in construction accident cases.
United States Litigation
CM
Carr Maloney
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Curated
Foreign Sovereign Immunity In International Construction
For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
United States Litigation
J
JAMS
Article
Immunities And Defenses For Government Contractors, Part 1: Tort Claims
Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.
United States Government
WR
Wiley Rein
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