November 18, 2017

The Code of Ethics for Arbitrators in Commercial Disputes - What are your thoughts?

The Code of Ethics for Arbitrators in Commercial Disputes was adopted nearly 15 years ago in 2004. What Canon or provision in that Code would you recommend changing and how?

Kindly see the following:

Code of Ethics

Please provide your thoughts/comments below.

November 12, 2017

Tentative Rulings - What are your thoughts?

The notion of judges issuing tentative rulings is quite common in California practice, but not so much on the East coast. How helpful is it for an arbitrator to issue tentative rulings in advance of making a final definitive ruling? Under what circumstances would a tentative ruling make for a best practice?

Please provide your thoughts/comments below.

November 4, 2017

Party-appointed Arbitrators Selecting the Chair - What are your thoughts?

When two party-appointed Canon IX (neutral) arbitrators are given the opportunity to select the Chair, to what extent should those arbitrators seek guidance from their respective appointing parties as to the applicable criteria for selecting the Chair before they must act impartially and serve as true neutrals? Should the diversity of the Chair (race, gender, background, experience, etc.) relative to the party-appointed arbitrators be considered a criterion and, if so, to what extent?

Please provide your thoughts/comments below.

October 28, 2017

Detailed Arbitration Pleadings - What are your thoughts?

If a Claimant chooses to file a detailed pleading instead of simply submitting a Demand Form, to what extent should the Claimant be held to any deficiencies in that pleading? For example, if the Claimant pleads certain factual averments but, even if taken as true, they do not rise to the level of a claim, is that an appropriate basis for an arbitrator to dismiss the claim upon the Respondent's motion?

Please provide your thoughts/comments below.

October 21, 2017

Mock Arbitrations - What are your thoughts?

What are your thoughts on mock arbitrations? Are they widely used and helpful? At what stage in the process should they occur? How extensive should a mock arbitration be?

Please provide your thoughts/comments below.

Also, kindly assist with participating in a survey about mock arbitrations, see the following link:

Survey

AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration in NYC.

SAVE THE DATE: December 1, 2017, AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration in NYC.

For more information or to register see the following link:

Joint Colloquium

October 14, 2017

Dissenting Opinions - What are your thoughts?

Are dissenting opinions problematic for the arbitration process? Should parties pay for the time it takes to draft a dissenting opinion?

What are your thoughts/comments? Please provide below.

October 7, 2017

Issuance of "individual practices" by the Arbitrator - What are your thoughts?

How helpful would it be for arbitrators to put together and issue to counsel upon appointment a set of "individual practices" - much like some judges do - that detail their preferences and typical practices?

Please post your thoughts/comments below.

September 30, 2017

Attorneys' Fees and Costs to Prevailing Party - What are your thoughts?

When the parties' arbitration agreement contains a provision permitting the award of attorneys' fees and costs to the prevailing party, is it the better practice to (a) have all the parties submit their respective attorneys' fees and costs applications along with any post-hearing submissions so that a final award can be issued that decides all issues, including the attorneys' fees and costs issue or (b) issue an interim award, and then request supplemental briefing on attorneys' fees and costs so that it is at least clearer who is the prevailing party and to what extent?

Please provide your thoughts/comments below.

September 25, 2017

NYIAC Announces Selection of New Executive Director - Rekha Rangachari

New York International Arbitration Center Announces Selection of New Executive Director, Rekha Rangachari Joins NYIAC at a Time of Growth in International Disputes

Please see the attached press release:

Press Release.pdf