NYIAC's Weekly Around Town Message

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Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

Today, let's talk about chimera.

It may conjure images of a fire-breathing, mythical creature, an amalgamated snake-goat-lion. (Yes, that's quite an image, and scary at that.). But, join me for a moment to consider the options of such mixing.
For example, the penumbra of the monkey-human joint venture. Curious? Two distinct lineages of embryo, part-human, part-monkey ...
Or, the French tacos (see also transformer le gras en or + l'histoire culinaire). Divinely gluttonous, perhaps with a necessary side of wellness (think squats and presses) for good measure.
A farther stretch mayhaps, does the mythic of chimera emerge via the political CEO?

The illusory nature of chimera is intriguing.
Anchoring to our livelihood, is it chimera for disputes lawyers to have effective but difficult conversations at work? Are we ready for radical transparency?

As we begin the slow march through sludge, I share a small plea for patience and grace. Let neither vulnerability nor ferocious strength be our chimera. We can do it better together as we emerge from sequestration. And to that end, I sincerely look forward to seeing you beyond Zoom.

Stay safe. Stay well. Stay sane.

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,

Rekha

Upcoming Events

Change in Counsel - What are your thoughts?

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What are the best practices of a Tribunal when a party changes counsel in the middle of a large and complex arbitration matter? How much time should new counsel be given to get up to speed? What are the relevant issues in making that decision? Does it matter whether new counsel comes from a large firm with significant resources rather than a small firm?

Please provide your thoughts/comments below.

NYIAC's Weekly Around Town Message

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rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

Today, let's talk about strategic ambiguity.

A policy of foreign relations (i.e., expression of strong interest without an outright promise) can be repurposed and find apt meaning in these interesting times. When does it serve you to be strategically ambiguous?

For example ...

• Maybe it lies in the lucrative arabica beans of Kenya, a major export item in a country of tea-drinkers until the locals start to drink their own coffee (e.g., visiting nearby Spring Valley cafés). No outright promise to buy local, but it's quite tasty.
• Maybe it can be found in Bhutan's inoculation regime -- accepting vaccines from India in January but delaying until an auspicious moment that began on March 27, on recommendation from Buddhist monks. Since then, Bhutan vaccinated almost all its adults against COVID-19 in a week. A strong national interest to foster pro-vaccine culture but no promises on who's next in line for jabs or boosters.
• Perhaps it also lives in our species' hard-wired inclination to avoid activity (much like grizzlies, "born to laze"). But, don't fault anyone for getting on the workout craze every once in a while, at least for standing 7-minutes.
• And, it can also embody how to navigate the challenges of corporate dress codes (speaking of the late Prince Philip, "conveying royalty without overshadowing the most royal ... impeccable yet unassuming" with no strings attached).
When you've grown tired of ambiguity, consider options to create strategic clarity. Unfortunately, we can't ask the Eight Ball for most of life's quandaries.

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,
Rekha

Upcoming Events

Proof of Vaccination - What are your thoughts?

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As more and more people are getting vaccinated, parties will be seeking to return to in-person hearings. Do you believe that over the next year it would be proper for arbitrators to demand that everyone attending an in-person hearing present evidence of being fully vaccinated and that providers demand the same for use of their facilities?

Please provide your thoughts/comments below.

NYIAC's Weekly Around Town Message

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rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

Today, let's talk about freedom.

It imbues the recent festivities of Passover (Pesah) and forthcoming Easter Sunday. Both speak of light, liberation, and triumph, and signal spring, even with the vying lunar, solar, Gregorian, and Orthodox calendars at play. (We'll leave the date assessment to the experts of religious traditions, thankful that, as writer Robinson Meyer affirms, "freedom from slavery, brunch with family, and permission to eat pancakes? Dayenu [enough].") Perchance each also encourages candid conversations on compassion, forgiveness, and healing.

If you celebrate, what traditions do you fondly remember? How has your practice evolved? Has the entry of children aptly tethered you to past, present, and future celebrations on a continuum? And then, the necessary interlude ... Will this year involve a virtual gathering, a drive-by, or internal to the family (broadly defined) that resides there?

Taking another swathe of freedom, will we see a coordinated vaccine passport system after vaccine rollout? Tell me more. Digitization? Now we're talking, technology (e.g., China's cross-border Vaccination Certificate, the EU's Digital Green Certificate, or Israel's Green Pass, to proffers a few examples). Just maybe, and in time when we can embrace the travel safely and freedom mantras, these innovations will cure the ballpark half full and another half empty conundrum. It's about perspective, memory, and the passing of time after all, no?

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,

Rekha

Upcoming Events

Greener Arbitrations - What are your thoughts?

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There has been a recent, global Campaign for Greener Arbitrations. Shortly thereafter, as pandemic struck, our carbon footprint in the ADR community decreased considerably. Many stakeholders still want and/or require hard copies of various documents (e.g., briefs, exhibits, etc.) through the arbitration process that can easily be transmitted electronically. Should this paper trail practice be discouraged? Should institutions enforce electronic exchange and distribution of documents? How far can an institution go to enforce a paperless process?

Please provide your thoughts/comments below.

NYIAC's Weekly Around Town Message

| No Comments

rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

Today, a different avenue of quandary, Why Write?

Put a different way, why did we choose to write by profession?
Can you recall the moment you knew you'd do precisely this ... to be ensconced in international arbitration? It's an interesting deep dive, particularly during the season of Vis Moot.

Moreover, how do you "get into character" to commit to your best writing? Is it a place, attire (e.g., a preferred cap), or time of day that produces your best written product? Maybe there's a best practices guide from S. King On Writing.

Apropos to close on a few musings on writing:
• "Words can be like X-rays if you use them properly --  they'll go through anything. You read and you're pierced." ― Aldous Huxley
• "Substitute 'damn' every time you're inclined to write 'very;' your editor will delete it and the writing will be just as it should be." ― Mark Twain
• "If you don't have time to read, you don't have the time (or the tools) to write. Simple as that." ― Stephen King
NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,

Rekha

P.S. Jazz at Lincoln Center is on! And, you can now bring Peter Luger home in NYC (and while noshing, consider the intersect between personality, success, and the greasy pole).

Upcoming Events


Third Party to an Arbitration - What are your thoughts?

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Assume company A sues company B for breach of contract. The contract includes a broad arbitration clause. In a timely application, A seeks to add company C as an additional Respondent. C is not a party to the contract between A and B, and A and C are not parties to any arbitration agreement. A contends that it has recently acquired evidence that demonstrates that C is essentially an alter ego for B, and that successor liability would apply to any Award in favor of A. A submits some facts (by affidavit) to demonstrate, for example, that B has transferred most or all of its assets to C (in an attempt to leave B judgment-proof). A also seeks discovery of the relationship between B and C in order to further support its successor liability claim. If A's applications (to add C and for additional discovery) are denied, and if A's demand against B results in an arbitration Award of damages, A will be forced to file suit against C seeking judgment to collect on its Award.

Is there a basis for the arbitrator to (1) allow discovery with respect to C's relationship with B? (2) To allow C to be added (or remain) as a party to A's Demand?

Please provide your thoughts/comments below.

Feliu Case Summaries March 2021

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NYIAC's Weekly Around Town Message

| No Comments

rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

Today, let's talk about authenticity.

It comes in all forms ...

• Buying at the local bookstore (or buying local altogether) instead of buying from the mega-retailer (be it Amazon or Coupang). Maybe authenticity is also allied with fulfillment.

• Refusing to play a bad a game of telephone, thereby fighting against misinformation -- and looking back to look forward.

• Being curious when something seems strange, e.g., when investment firms "care" about affordable housing (and to what gains).

• Owning the "now" by embracing the ephemera of digital collectibles (and ... the new frontier of Beeple).

• Authenticity can also be in the art of anticipation (of travel, perchance).
As you push forward, unearthing the REAL in the now, accept that feeling like a fake can be a sign of growth.

Spring is in the air in New York, and sunshine warms the late afternoon as this goes to press. I dare say it's time for good frolic. And then, maybe gardening (authentically captured in Gardeners' World).

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,

Rekha

Upcoming Events

Recent Comments

  • Louis Coffey: I have had several arbitrations, as solo or panel chair, read more
  • Judge Gerald Harris : Though the Panel must be mindful of the possibility of read more
  • Kyle-Beth Hilfer: Reasonable extensions should be permitted. Usually, counsel plays cooperatively read more
  • Robert L. Arrington: As with most things, each case is different. Frequently, there read more
  • Nasri H Barakat: Replacing counsel in the middle of a proceeding is not read more
  • Raoul E Drapeau: One thing we have to keep in mind in such read more
  • Mark J. Bunim: Parties are free to continue with virtual hearings, however if read more
  • John L. Warden: Yes as to vaccination. No as to masks. If everyone read more
  • Michael Orfield: A mask is for those around you, as we all read more
  • Judge Gerald Harris : It is well settled constitutional law that certain circumstances override read more

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