Resolution Roundtable

On June 13, 2022, the U.S. Supreme Court issued its unanimous opinion resolving a U.S. Circuit Court split over a hotly debated issue, namely whether 28 U.S.C. § 1782 applies to private foreign or international arbitrations. In ZF Automotive US, Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022), the Supreme Court was required to decide whether private adjudicatory bodies constitute "foreign or international tribunals" under Section 1782 and concluded they do not. (Kluwer Arbitration Blog article on June 14, 2022 by Dana MacGrath)

See the complete attached SCOTUS Decision.pdf. What is your opinion regarding this issue/decision?

Please provide your thoughts/comments below.

To download the Feliu Case Summaries June 2022, see the following AF -2022.pdf.

When a three-member tribunal agrees on some but not all issues, what are the possible approaches of the arbitrators writing the Award? What is preferable? How should the Award deal with a dissenting arbitrator? Should the dissenting arbitrator sign the Award but issue a short statement of what is not agreed to? Or, should the dissenting arbitrator not sign the Award and write a dissenting opinion?

Please provide your thoughts/comments below.

Thank you to Steve Skulnik and Dana MacGrath for providing this week's question from a recent program that they spoke at.

How should arbitrators approach quantum calculations? How much should arbitrators ask of the parties and quantum experts? Should the arbitrators decide the quantum issues and write the Award based on the parties submissions and not ask for additional materials from parties or their quantum experts? Or, should the arbitrators ask for additional materials from parties or their experts if they deem such additional information relevant and material to deciding the "quantum" outcome of the case in the Award?

Please provide your thoughts/comments below.

Thank you to Steve Skulnik and Dana MacGrath for providing this week's question from a recent presentation that they did.

LIFT AS WE RISE

Wednesday, June 1 2022

A premier negotiation and leadership event, WIN Summit is a full-day virtual learning experience with a
unique mix of academia and industry. Through skills-based workshops, empowering conversations with
practical takeaways, and immersive interactions to stimulate connection, you'll be sure to find new ways
you can rise while lifting others.

ABOUT WIN

WIN, Women In Negotiation, is a premier female-focused negotiation skills development organization.
Through professional on-site training, personal coaching, workshops, and an annual Global Summit, WIN empowers women to discover new ways to harness their unique strengths, elevate their skills, leverage their value, and better advocate for both themselves and their companies.

The Dispute Resolution Section is a proud sponsor of the Summit. If you are a member of the Section, you will receive a 20% discount if you use the code: NYSBA.

See the following LINK to register.

When a contract is silent with respect to the quantity of arbitrators, what is the best way for an arbitral institution to handle this issue? Should there be a default to three arbitrators rather than one arbitrator based on the claim amount? If yes, what claim amount should be considered for the default? Rather than considering the claim amount, should the default to three arbitrators be based on the complexity of the case? What are the concerns about going with one arbitrator rather than three arbitrators?

Please provide your thoughts/comments below.

Does a party have the right to challenge a party appointed arbitrator for conflicts? What should be the standards, if any, for removal? Are the standards different than those for challenging arbitrators appointed by an arbitral institution? Are the standards different for non-neutral arbitrators?

Please provide your thoughts/comments below.

Have you ever heard of an advocate leaving an arbitrator a voice mail message criticizing his/her interim rulings and proclaiming that he/she is not a good arbitrator? What should the arbitrator do? Should the arbitrator withdraw from the case?

Please provide your thoughts/comments below.

Does it matter where the arbitrator's compensation rate and cancellation fee are placed on her/his resume? Should said rate and fee be listed as the first resume item (i.e., first page at the top)?

Please provide your thoughts/comments below.

What steps can an arbitrator take in writing an Award to avoid an excessively long Award? Are there components of awards that are unnecessary or can be presented more succinctly? On the other hand, do the reasons that arbitrators write long awards outweigh the benefits of arbitrators striving to write shorter awards? Should Awards not exceed 50 pages or have no page limit?

Please provide your thoughts/comments below.

Thank you to Dana MacGrath and Steve Skulnik for this week's question from a recent program.