April 24, 2017

Number of Arbitrators - What are your thoughts?

Increasingly, the rules of international arbitral institutions (e.g. ICC, ICDR, JAMS, etc.) require the appointment of a sole arbitrator where the parties have not agreed on the number of neutrals. The domestic rules of such institutions do not always mirror a sole arbitrator default (e.g. AAA Commercial Rules default to three arbitrators if the claim is over $1,000,000). Does one arena (international or domestic) have the better approach?

Please provide your thoughts/comments below.

April 18, 2017

Delay Tactics - What are your thoughts?

All parties to arbitration can be guilty of instigating delay tactics at various stages of the arbitral proceedings. Such can add cost and veer the proceedings off track. What tactics have you seen? How can the Tribunal/Opposing Counsel minimize or circumvent such tactics?

Please provide your thoughts/comments below.

April 11, 2017

Emergency Measures - What are your thoughts?

Taking direction from the courts and clients, various arbitral institutions have introduced emergency measures within their rules. Are such measures necessary and effective? Does one forum provide greater success with emergency relief - as between courts and arbitral institutions, and as between international and domestic? Why?

Please provide your thoughts/comments below.

April 2, 2017

Arbitration Chair exclusively handling discovery disputes - What are your thoughts?

Where an arbitration clause requires three arbitrators, should the Chair exclusively handle discovery disputes? Consider also whether the Chair makes this determination sua sponte or the parties request the same. What are the positives and/or negatives of such an arrangement?

Please provide your thoughts/comments below.

March 29, 2017

Provider and Arbitrator Immunity for Acting in Their Official Capacities

By Gerald M. Levine

Provider and Arbitrator Immunity.pdf

March 27, 2017

Circulation of Draft Award - What are your thoughts?

Should an arbitrator circulate to the parties a draft award (with explanation that it represents tentative conclusions) and provide an opportunity to respond in efforts to: (i) create compromise or conclusion on an issue or (ii) highlight issues as to law or fact, even towards misunderstands of the applicable law or faulty reasoning?

Please provide your thoughts/comments below.

March 23, 2017

DR and ComFed Sections collaborate on March 13, 2017, in Fordham symposium on Best Practices from Bar to Bench.

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March 22, 2017

SAVE THE DATES: May 19-21, 2017 - Commercial and Federal Litigation Spring Meeting

Please see the following program flyer to register:

ComFed.pdf

March 20, 2017

A Parallel Between Celestial Navigation & Mediation

By Giulio Zanolla, Esq.

Celestial Navigation Mediation.pdf

Giulio Zanolla is the owner and founder of Zanolla Mediation, an Adjunct Professor at the CUNY Law School Mediation Clinic and Mediation Mentor for the Brooklyn Law School Mediation Clinic. Giulio is a member of the panels of ADR neutrals of the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution (CPR) and the Mediation Program of the District Court for the Southern District of New York. Please visit www.zanollamediation.com for more information.

ADR Insights: From the Q&A Section of the NYSBA Resolution Roundtable Blog

In August 2015, Resolution Roundtable, the blog site for the Dispute Resolution Section of NYSBA, began posting weekly questions to seek feedback and insights on various alternative dispute resolution (ADR) topics. Traffic to the blog site thereafter greatly increased by ADR users, providers and panelists, with varied responses depending on the topic. Topics included arbitrator selection, disclosures , depositions, ethics, ADR legislation and third-party funding.

Due to the popularity of the site and to promote academic discourse, the Dispute Resolution Section decided to publish the below compilation of all questions and responses, with attribution, from August 3, 2015 to February 21, 2017.

Enjoy!

DR Roundtable Pamphlet.pdf