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.

January 3, 2017

Unethical Conduct by Counsel - What are your thoughts?

If an arbitrator thinks that counsel has engaged in unethical conduct, does the arbitrator (or full panel) have a duty to investigate to see if that was the case?

Please provide your thoughts/comments below.

December 28, 2016

Implicit Biases - What are your thoughts?

To what extent should arbitrators adjust their behavior for implicit biases? To what extent do such biases regularly impact on the arbitration process?

Please provide your thoughts/comments below.

December 19, 2016

Clarification/Interpretation of the Final Award - What are your thoughts?


Parties to a commercial arbitration matter with an ADR provider mutually seek a clarification/interpretation of one section of the final award 40 days after it was issued. The provider's rule on awards states:

Modification of Award

Within 20 calendar days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through the ADR provider, to correct any clerical, typographical, or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. The other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 20 calendar days after transmittal by the provider to the arbitrator of the request and any response thereto.

What should the parties do? What options do the parties have?

Please provide your thoughts/comments below.

December 11, 2016

Personal Attorney Present at Arbitration Hearing - What are your thoughts?

Claimant originally brought an arbitration against both corporate Respondent and one of corporate Respondent's employees personally. Because the contract containing the arbitration clause was only between the Claimant and the corporate Respondent, Claimant dropped the claim against the employee. Two weeks before the evidentiary hearing, Claimant sued the employee directly in court.

Hearings in the arbitration are about to begin and now the employee, who will be attending and testifying in the arbitration as a representative of the corporate Respondent, would like to have her own personal attorney attend the arbitration. Is it proper for that personal attorney to be present at the arbitration? The parties have indicated he will be given access to the transcript anyway. Under AAA Construction Rule 26, arbitrators have discretion to determine the propriety of someone's attendance.

Please provide your thoughts/comments below.

December 4, 2016

Escrow accounts for ad hoc arbitrations - What are your thoughts?

What are your thoughts about escrow accounts for arbitrator fees in ad hoc arbitrations? Are the rules different for arbitrators who are lawyers?

Please provide your comments/thoughts below.

November 25, 2016

Collateral estoppel and arbitral awards - What are your thoughts?

Under what circumstances will arbitrators and courts give collateral estoppel effect to prior arbitral awards? Are the considerations different in the international and domestic contexts?

Please provide your thoughts/comments below.

November 12, 2016

The Recent Election and Arbitration - What are your thoughts?

Do you think the recent election will have an impact on arbitration?

Please provide your thoughts/comments below.

The In Camera Breakfast Series: Exploring Intra-Tribunal Dynamics and Decision-Making

2016-11-11 In Camera Series Flyer.pdf