What are your thoughts on an arbitrator requiring counsel to list in advance all of the issues for discussion in the briefs? Will counsel then be more willing to accept just one round of briefs because every issue must be briefed in the first round? Do you see any potential problems with this approach?
Please provide your thoughts/comments below.
What should international arbitrators do to guide themselves in situations where they are confronted with an alleged conflict or disclosure issues where there is no guidance from the soft laws as to how to handle it?
Please provide your thoughts/comments below.
Dear Friends,
Today, let's talk about tikkun olam.
A Judaic concept defined by acts of kindness -- behaving constructively to improve the world and to further social justice. Embraced during this period of Rosh Hashanah (New Year) into Yom Kippur (Atonement), it also falls during a day of remembrance of the September 11 attacks, an inconceivable event tethered to the refrain "Never Forget" with many lessons learned.
Perhaps in these troubled times, we can focus on our role to improve the small piece of the world where we reside -- to individual efforts to repair embodied in the spirit of tikkun olam. We can help another, reach out to a long-lost contact, rekindle shared memories, and be a life support when help is requested in the silence between two. We can can take stock of why nations that fail women fail and do better; to have eventful elections in lieu of an oppressive status quo. Let us also be ever mindful of vaccine inequity, thoughtful of the magnitude of loss in spite of economic convergence. Together, we can have a more perfect world. Together, we are stronger.
I send wishes of safety and good health, dear friends. We must stay vigilant with Delta in our midst. NYIAC and I remain at your disposal. If we can be of service, please drop an email.
Ever yours, Rekha
"You cannot do kindness too soon, for you never know how soon it will be too late." --Ralph Waldo Emerson.
"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." --Margaret Mead.
The various ADR institutions provide for emergency relief under their rules (e.g., Rule 38 of the AAA Commercial Rules).
Should the institutions provide for an appellate process to review emergency relief decisions of an emergency arbitrator prior to the appointment of a Tribunal? If yes, why, and how would the process look?
Please provide your thoughts/comments below.
What, in your view, is the role of statute of limitations in arbitration? Should they be applied in arbitration cases? What about contractual limitations periods?
Please provide your thoughts/comments below.
Now appearing in Inside (a Corporate Counsel Section of NYSBA publication):
Post-Pandemic 'Hybrid' Meetings and Mediations: Paving the Way With Technology and Technique
By Chris McDonald
For the full article, see the following link:
Dear Friends,
Today, let's take a moment together in silence and solidarity. Colleagues around the world live in various states of unrest and unknown. Let's pay homage to the Universal Declaration of Human Rights (and to the ideal that We Are All Born Free, with pictures worth a thousand words).
I wish you safety and good health, dear friends. We must stay vigilant. Let There Be Peace on Earth: And Let It Begin With Me. NYIAC and I remain at your disposal. If we can be of service, drop an email.
Ever yours,
Rekha
"Peace cannot be kept by force; it can only be achieved by understanding." ~ Albert Einstein
How should an arbitrator approach postponement requests? How should these matters be decided? Should the arbitrator paper her/his decision in this regard? How so? If the parties mutually agree on repeated postponements, how long should the arbitrator tolerate such requests?
Please provide your thoughts/comments below.
What is the appropriate balance between an arbitrator proactively managing a case and recognizing party autonomy? What do you see as the appropriate balance here?
Please provide your thoughts/comments below.
We all know how complex the law in the U.S. has become as to non-party subpoenas. What is your attitude toward signing them? Is your default to sign them? Or to not sign them? To what extent do you, before signing non-party subpoenas, review the scope of the subpoenas, or do you leave that as something to be raised later by the recipient of the subpoena? Do you invite the recipients of subpoenas to bring issues as to scope to the arbitrator or panel?
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