May 27, 2018

When one party defaults - What are your thoughts?

When one party (usually the respondent) defaults and fails to appear in the proceeding, what steps should the arbitrator and/or the administering organization take to ensure that the respondent has been properly given notice of the proceedings and an opportunity to participate and/or otherwise ensure due process?

Please provide your thoughts/comments below.

May 19, 2018

Inactive Status - What are your thoughts?

For those who are full-time arbitrators and/or mediators and also licensed attorneys, but do not ever anticipate practicing law again, what value or advantage, if any, is there in taking "inactive" status in the bar or even relinquishing the license to practice law?

Please provide your thoughts/comments below.


May 13, 2018

Advocate Behavior - What are your thoughts?

What poor advocate behavior have you witnessed during arbitration proceedings? What are best practices to address this, where appropriate?

Please provide your thoughts/comments below.

May 6, 2018

Cancellation Fees - What are your thoughts?

How many days in advance of an evidentiary hearing is it still reasonable to charge a cancellation fee should the parties settle or otherwise cancel the hearing?

Please provide your thoughts/comments below.

April 28, 2018

Motion for Reconsideration After Final Award - What are your thoughts?

Should institutional rules include a limited provision for the parties to file a motion for reconsideration after the issuance of the Final Award? If so, on what grounds would such a motion be entertained? For example, a need to correct a clear error of fact (i.e., the arbitrator/panel having (inadvertently) misread/misconstrued a piece of evidence), an intervening change in controlling law, or the emergence of new evidence not previously available?

Please provide your thoughts/comments below.


April 22, 2018

Motions in Limine - What are your thoughts?

Are motions in limine appropriate in arbitration? Why or why not?

Please provide your thoughts/comments below.

April 18, 2018

Legislative Committee Announcement

The Dispute Resolution Section of the New York State Bar Association is most pleased that it was able to take a leadership role in opposing, and ultimately stopping, legislation to radically amend Article 75 of the CPLR, as part of the New York State budget process in late March. Please see the following:

Legislative Committee Announcement eblast.docx

April 13, 2018

Preliminary Reactions to Evidence Presented - What are your thoughts?

Should a Tribunal ever advise the parties, prior to the closing of the evidentiary hearings, of its preliminary reactions to the evidence presented during the hearings?

Please provide your thoughts/comments below.

Sometimes Less Is More (and Vice Versa): A Primer on Pleading Practice in Arbitration

Article by Theo Cheng appearing the Spring 2018 edition of the NYSBA NY Litigator, "Sometimes Less Is More (and Vice Versa): A Primer on Pleading Practice in Arbitration":

Sometimes Less is More (NY Litigator - Spring 2018).pdf

April 10, 2018

NYSBA Resolution Roundtable Blog - 2017 Year in Review

DR Insights - Final.pdf