Practices Area

Airline Passenger and Freight Dispute

The necessity and benefit of Alternative Dispute Resolution (ADR) entities for consumer issues are recognized today not only by consumer organizations, national authorities, and U.S. institutions but increasingly in the business sector. Air Passenger Rights disputes are sometimes longsome costly and occasionally frivolous, the NYSAA provide a form resolving APR disputes within 30 days, sometimes as mandated by certain airline tickets and occasionally as submitted voluntarily by both parties in order to save time money and remain confidential. Our Experts in the APR dispute are known as the best in the world and allowed companies like Air France KLM and even ELAL to promptly resolve disputes with their consumers swiftly and discreetly to the benefit of all parties. Most airlines do a great job of handling passenger service issues. Passenger issues will happen, and mistakes are made. That’s a normal part of life. No one is perfect. What separates a good airline from a bad or an ugly one is how the good airlines have learned how to treat the passenger right when a mistake does happen. They try to work towards a resolution on your behalf. The good ones have also trained their agents very well. But the best Airline companies have a mandatory dispute resolution clause with the NYSAA. Check your ticket before filing a claim with and through the NYSAA.

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Attorneys’ Fees Collection

Attorneys often find themselves having provided many hours of legal; work and yet their client refuses to pay the full amount owed to them for their time and efforts, either because the client is disgruntle of the outcome, or because they can always threaten to complain about malpractice, also some are justified in their allegation that the retainer with the lawyers was not fair or they may have been over billed. Both parties are finding themselves in a predicament, the NYSAA law firm special arbitrators will resolve any dispute arising out of the engagement letter or the representation within 30-to 90 days address all claims and counter claims and allow both parties to see the issue resolved within a short period of time in a confidential and binding fashion.

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Blockchain & Crypto ADR

The NYSAA is the leader in Crypto Blockchain New Disrupting Technology Disputes. Why drag matters and get more sleepless nights when all can be resolved at an affordable price within 30 days in a confidential and binding manner with the NYSAA, Our experts are former entrepreneurs, and lawyers in the Crypto field they have had to deal with SAFT
issues, ICOs going wrong, SEC vs Crypto Offerings issues and investors and issuer of Tokens dispute under specific STO terms. Our Neutrals can help resolve any Crypto related dispute whether it is investors based, platform and exchange offering, or internal issues related to payments and fairness about the industry.

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Commercial Lease Disputes

Commercial landlords have often opted for the NYSAA as the premium forum for dispute arising with their commercial tenants, it is FAST, Confidential and fair… the NYSAA understand contract and commercial leases and real estate law and can assist achieving a resolution with 30 to 90 days. If you wish to start an ADR procedure and have a contract that allows for ADR resolution of your disputes please file your claim here (link) and if not please prior to entering into your next lease make sure to add this language in your lease agreement or download our template voluntary dispute resolution

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Construction/Contractor Disputes

Construction includes top level development project but also the general contractor coming to install your kitchen. Before signing on a contract, we highly recommend adding template language mandating the NYSAA as the forum to resolve your dispute confidentially and in a binding fashion allowing you to get a fair decision whether you are a major developer contractor, individual renovating or a GC. Architects, sponsors, developers, GC, sub-contractors and private individual have all beneficiated from an expert decision within 30 to 90 days in the industry. The NYSAA understand construction deadlines and market reality and is not operating like other ADR forums in a vacuum, developers’ sponsors have bank loans General Contracts and sub-contractors have bills and deadlines and we have tailored our rules to take those business realities into account and resolve the issues promptly and cost efficiently for all parties involved. Relying on our NYSAA Commercial Rules the neutrals and industry experts assign to review those cases are leaders in the industry. The NYSAA Rules are based on market realities that seem to be ignored by other ADR forums and the Courts. The NYSAA Construction Rules and Mediation Procedures were developed by top NYC professionals, an advisory group in 2018 by the NYSA in cooperation with real developers and GCs established its rules and other industry, trade, and professional associations allowing us to resolve serious construction contracts and issues within 90 days for the sake of The 30 days Fast Track Procedures of the NYSAA Construction Rules limit the cost and time of a hearing and apply to all two-party cases where no party’s disclosed claim or counterclaim exceeds $50,000. Download Construction Agreement for home improvement or renovation Contractor Agreement Free template Language Development and GC Contract mandating NYSAA Free Language to add to your contract.

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Diamond Industry Disputes B2B and B2C

The Diamond industry is an industry build on customs and often is not based on contractual terms despite the status of fraud many of those understanding and handshakes can be enforced with the right neutrals who are familiar with the business. The NYSAA expertise in the Diamond industry field is unique and allows its retired judges and top industry experts to act as true in depth understanding arbitrators with regards to dispute among s industry professionals, any disputes with lay clients and end-purchaser and or among diamond distributors, diamond cutters and polishers, re-seller, gemologists, providers and producers to be resolved within 30 to 90 days with the NYSAA arbitration process and allow all to stay in business and focus on what matters their dealings and growth. Add this language in your contracts or download our template voluntary dispute resolution.

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Freight Dispute Resolution

Import Export companies use freight services and occasionally find themselves in need of a quick response and decision. Whether your dispute arises under a time, voyage or bareboat charter, a bill of lading or contract of affreightment, a shipbuilding contract or MOA, or is due to a collision where there is no contract involved at all, our Neutrals can assist resolve this controversy and provide top notch industry experts, former judges or active lawyers to make a prompt decision and avoid the cumbersome longsome process of the U.S. court system or worse the exponential costs of the AAA. This can represent a cost-effective way of resolving a dispute in appropriate cases. Make sure to either invite the respond to a voluntary resolution of the dispute within 30 days with the NYSAA, or make sure your contract includes an arbitration clause such as this one (link to language section) enforceable as mandatory confidential NYSAA arbitration.

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General Commercial Disputes

Alternative dispute resolution (ADR) is a popular concept in today’s high stakes, competitive, and expensive commercial litigation industry. Time is money not to mention time can be long when a dispute is adjudicated by our court system. Why get aggravated over years of nonsense procedures
where only your lawyers get an upside and your dispute is still pending. Speed the process of litigation.In a traditional court setting it can take years to complete all pre-trial activity and final arrive in a court room for a trial. In contrast, most ADR processes take only a few months, and sometimes just a few weeks. Parties can have a decision much quicker so as to move on with their business without the cloud of litigation.
Speed means fewer costs. Lawyers generally bill by the hour and ADR comes with less preparation time, less formality and streamlined procedures, relaxed rules of evidence and there are many more arbitrators and mediators than there are judges available to hear cases and so the bottleneck of the court system is gone. Our NYSAA Neutrals are industry experts, lawyers retired judges…
Chance: Rather than leaving the decision in a case to an unknown group of strangers selected for a jury,
the mediator or arbitrator is an accomplished professional, known for their fairness and expertise, who
are versed in what happens in court and the expected outcomes there, and is committed to being a
neutral fact-finder and decision maker. If you need a template contract (use this link)

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Hospitality Industry B2C disputes

Most of the people involved in the hospitality industry will prefer to use alternative dispute resolution techniques instead of taking matters to court. The NYSAA believes that more hotels and hospitality providers are making it mandatory to use the NYSAA as the preferred venue to resolve in confidence any issue. More and more hotels and SPAs have added to their agreement a clause for confidential dispute resolution within 30 days with the NYSAA. Our Neutrals, Mediators and Arbitrators all have years of expertise in the industry whether representing consumers, governmental agencies or as business owners in the field. File a claim the the NYSAA or access sample language for your hotel booking contracts here (link) .

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Insurance claims

Once the internal dispute process with an insurance is exhausted a claimant can bring the insurance to court, nonetheless many insurance companies and insured organization demand that the NYSAA be the sole venue to resolve the disputes. Most insurance disputes are resolved by our industry experts and or retires judges’ neutrals within 90 days. Confidential and recommend insurance groups to save money on legal costs and abide by the NYSAA 30- or 90-days process in case of a dispute.

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Labor and Employment Disputes

Other ADR

The NYSAA accept any voluntary sumbimitted disputes and contractuially pre agreed disputes in any field but reserves the right to defer to another ADR forum in the event that it lacks the expertise in the filed nor has adequate Neutrals to assit, it is up to the parties to submit their claims and contractual mandatory ADR request for our review and approval.

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Real Estate Broker’s Fees Disputes

Real Estate Broker find themselves often betrayed by their clients, whether they signed a brokerage agreement acknowledged it via email or text those clients may occasionally circumvent their agents purposefully or mistakenly, yet the cost of a litigation and grueling court proceedings outweigh the benefit of collection the commissions owed. The NYSAA’s neutrals are all familiar with the law and the practices in the industry, and can help resolve those dispute with customers if mentioned at the bottom of emails or in the agent show sheet or contract, hence the NYSAA has been a leader in resolving within 30 to 90 days all disputes between Real Estate brokers agents and their clients. The NYSAA experts rely on the NYSAA commercial proceedings and rules to arbitrate and mediate issues relevant to the brokerage industry and their clients in an expedited fashion. Add this language in your agent customer agreement or at the bottom of your email or download our template voluntary dispute resolution. Download Exclusive Seller Agreement Free Template Download Non-Exclusive Seller Agreement Free Template Download Buyer Non-Exclusive Agreement Free Download Rental Show Sheet Free Template.

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Real Estate

Because NYSAA arbitration is designed to be a faster and cheaper alternative to litigation, there are often shortcuts in the process. For example, discovery may be limited. We believe time is of the essence and will assure an approximate 90 business days from soup to nuts. The NYSAA always suggest resolving disputes with our top industry leaders’ neutrals any Real Estate Dispute, if necessary, a 90 days case can be initiated and resolved before your first Mortgage due date. Think about that!
Our team of experts Neutrals whether arbitrators or mediators will provide their insight and understanding applying the law and their industry knowledge to the matter at stake.
The NYSAA arbitrators and mediators have handled many arbitration with regard
1. Breach of Contract
A breach of contract is one of the most common reasons why people go to court in the real estate world. In a real estate transaction, the terms of the contract may include specific details related to title clearance, closing date, assets included in the transaction, and more. We help resolve those issues taking into account your health, the energy wasted and the cost of time.
2. Failure to Disclose Property Defects
In real estate sales in Nationwide the seller is obligated by law to disclose any non-evident and known defects that may affect the value of the property. If a buyer discovers a previously undisclosed defect after the closing, he or she may initiate legal action against the seller claiming a failure to disclose. In order for such a lawsuit to be successful, however, the plaintiff must prove that the defect was known to the defendant – or reasonably should have been known – and it was purposefully concealed. Our team of ADR neutrals have handled many f those disputes.
Our Neutrals have experience handling disputes related to construction and design, zoning and land use, commercial leasing, property damage claims, and all aspects of real estate development and property workout.
From middle-market projects to some of the most prominent infrastructure and commercial developments in the country, regardless of the size, complexity, duration, or location, we provide the same value-added approach to our claimants and respondents across the real estate industries, including:
Affordable housing
Agriculture
Energy
Finance
Government
Health care
High-end residential
Higher education
Hospitality
Infrastructure
Manufacturing
Mixed-use commercial/residential
Sports and entertainment
Experience
We always recommend Mediation with Real Estate Disputes
Most mediation is peaceful and amicable even if the real estate property is in dispute. Through a lawyer, it is possible to end the complications with the property and ensure the buyer and seller sponsor developer comes through the process with the best possible compromise at the end.Due to the substantial disadvantages of litigation, arbitration is often used as an alternative, many also opt for the NYSAA guarantying a swift resolution within a short period of time and all that in confidence, NO ONE will EVER KNOW YOU WERE IN A DISPUTE.
The parties get to select the arbitrators, this is often done by a process of elimination.
With the NYSAA the right to appeal may be limited to only situations in which fraud was involved. A party makes mandatory arbitration a part of the agreement by initialing by the clause in states that use this format or by signing the full agreement in which a mandatory provision is included.
Consider our forum to resolve and settle your disputes.

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Space Law Dispute Resolution

Space exploration was once solely an endeavor for nations, but now it is accessible as a private and commercial endeavor, with significant international competition. It is fair to state that private commercial space enterprise and competition has helped reduced the cost of reaching space just as competition and commerce often reduce costs and improve technologies over time. Space exploration is now driven by greed and ambition just as much as by necessity, innovation and curiosity. NASA estimates that the value of space mining may be as much as $700 quintillion USD. Unfettered exploitation of these vast resources may become catastrophic if not framed and guided by common laws, norms, or international treaties. Such common legal grounds may include delimiting the rights and obligations of commercial and prospecting entities for space exploitation. Without greater clarity, based on historical precedents, a chaotic space “wild-west” could ensue. A dangerous and unsustainable tragedy of the commons of outer space could even lead to space battles backed by national military interests to support rich lobbying groups, all above the stratosphere, as means for conflict resolutions. Consider, for instance, the loss of life and property caused by the battles of pirates and privateers over the wealth of the New World when it was first discovered.

Existing treaties governing outer space and its resources are vague and do not discuss space commercialization by non-states. They are poorly adapted to the present technological revolution. The exploitation of outer space resources risks becoming a new “Gold Rush.” This analogy is not farfetched given that in the early 1850s, there were no laws in the territory of California and confusion, anarchy, and disputes reigned over the claims that were staked there, even as wealth began to be extracted. Claim “laws” had to be set. Camps established claims officers to patrol mines and settle disputes . Taking someone else’s claim was common. Violence and crime were on the rise. Asteroid Belt mining will create the first trillionaires which may be incentive for some to do whatever it takes regardless of the rule of law, custom, or ethics, to extract and claim such wealth. Unimaginable wealth could be garnered by mining minerals and volatile compounds from near-earth asteroids. (i.e. – NASA’s Psyche mission will be launched this January 2021 to explore a metal asteroid that may be worth several times the combined world GDP).

In light of all of these challenges and scenarios, this thesis aims to analyze the current lack of international legal clarity or governing regulatory regimes, but also to scientifically consider the basis for a viable legal framework for outer space commerce, exploitation, and private endeavors. This thesis is an attempt to balance profit objectives, and economic development needs with the preservation of outer space’s environment. The goal is to enable sustainable space exploration and exploitation without endangering ecological risks or irreparable damage to resources that some consider to be part of a vast commons. Benefiting mankind and yet empowering new capital ventures and private initiatives, while also preventing unforeseeable conflicts and existential risks in the last lawless territory, requires addressing the vacuum of legal clarity and even potentially creating and empowering an independent outer space tribunal and enforcement body. Our Neutrals are a combo of legal minds and industry expert with a clear view of the need for commercial space law ADR and speedy resolutions of issues moving as fast as the up-to-date achievements and technologies associated with the exploration, exploitation of outer space by private and governmental agencies. Our ADR rely on maritime rules and treaties as well as common sense associated with Space Exploration costs and needs. Various agencies are already bound by the NYSAA in terms of its expertise with SPACE LAW DISPUTE RESOLUTION.

Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Outer space law includes space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law. The origins of space law date back to 1919, with international law recognizing each country’s sovereignty over the airspace directly above their territory, later reinforced at the Chicago Convention in 1944. The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e. the International Geophysical Year) initiated by the International Council of Scientific Unions. The Soviet Union’s 1957 launch of the world’s first artificial satellite, Sputnik 1, directly spurred the United States Congress to pass the Space Act, thus creating the National Aeronautics and Space Administration (NASA).[ Because space exploration required crossing transnational boundaries, it was during this era where space law became a field independent from traditional aerospace law.

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