February 18, 2017

Deposition Transcript Only - What are your thoughts?

What is your position regarding the presentation of evidence at a Hearing by deposition transcript only (the witness does not appear either in person or by video)?

Please provide your thoughts/comments below.

February 12, 2017

Third-party Funding and Ethics - What are your thoughts?

Does third-party funding in connection with arbitrations present ethical problems?

Please provide your thoughts/comments below.

February 11, 2017

How Did I End Up in Small Claims Court? A Misapplication of the Consumer Rules

By Alexander Bachuwa

R-9. Small Claims Option for the Parties

If a party's claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows:

(b) After a case is filed with the AAA, but before the arbitrator is formally appointed to the case by the AAA, a party can send a written notice to the opposing party and the AAA that it wants the case decided by a small claims court. After receiving this notice, the AAA will administratively close the case.

I represent consumers in arbitration claims and encountered, what I believe, is a misapplication of the consumer rules. Specifically, I had a claim against a corporation where the amount in question was for a low dollar amount. I filed a claim with the AAA and the company utilized R-9(b) to move the matter to small claims.
On its face, this is an acceptable application of the rules. In reality, this strategy will deprive consumers the actual opportunity to seek relief. First, many small claims courts do not allow attorneys to participate in the proceeding. This leaves the consumer on his own to prosecute his claim, something that he will rarely do given the demands of the process versus the amount in controversy. If an attorney is allowed to participate in the proceeding, a consumer will be hard pressed to find a locally licensed attorney who would represent him in a low value claim. If this loophole is not closed, corporations will benefit tremendously as consumers, like my client, will forsake the claim and the money owed will remain with the company. While claims for $5, $10, or $100 may seem petty, the aggregate of these claims when multiplied by millions of aggrieved consumers is anything but.

Alexander Bachuwa has extensive international experience working abroad in China and Mongolia, focusing on alternative dispute resolution in the arena of corporate and commercial law. He has an MBA in Global Finance from Thunderbird School of Global Management, a JD from Arizona State University, and a BA in economics from University of Michigan. Alexander is licensed to practice in New York, Arizona, and is a Foreign Registered Attorney in Mongolia. He has also been admitted to all New York and Arizona federal courts. Alexander is conversational in Arabic, Spanish, and Mandarin.

February 6, 2017

Retired Judges and Disclosures - What are your thoughts?

What is the duty of retired judges serving as neutrals to disclose past cases (e.g. names of past parties and counsel) from the bench? In the case of arbitration, when would failure to disclose create a risk of award vacatur for lack of impartiality?

Please provide your thoughts/comments below.

February 1, 2017

SAVE THE DATE: March 22, 2017, Arbitrating Patent Disputes Program

Arbitrating Patent Disputes: Innovative Approaches and New Concerns.

See the attached brochure

CIArb Patent Disputes March 22 Brochure v4.pdf

Why Choose New York for International Arbitration

Do clients or colleagues ever ask you why they should choose New York as a venue for international arbitration? Now you can refer them to the NYSBA's updated brochure, Why Choose New York for International Arbitration, for answers (copy attached).

CHOOSE NEW YORK BROCHURE_2016.pdf

January 31, 2017

Cultural Differences - What are your thoughts?

What are cultural differences that impact on ethics in international arbitrations?

Please provide your thoughts/comments below?

January 25, 2017

Arbitrators Writing Long Opinions - What are your thoughts?

Do some arbitrators write opinions that are unnecessarily long and, if so, is that unethical?

Please provide your thoughts/comments below.


January 17, 2017

Prior Relationships - What are your thoughts?

How far does an arbitrator need to go to find prior relationships that, if known, should be disclosed? Is there an obligation to disclose relationships the arbitrator does not himself/herself think are disqualifying?

Please provide your thoughts/comments below.

January 10, 2017

Deposition Subpoena - What are your thoughts?

Should an arbitrator agree to sign a deposition subpoena for a non-party out of state deposition, knowing it is not legally enforceable?

Please provide your thoughts/comments below.