September 2015 Archives

Arbitrator Training - What are your thoughts?

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What type of continuing education/training should all arbitrators take? Please post your comments below.

New Online Resource Launched: New York Case Law Library

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On January 1, 2015, NYIAC began collecting and cataloguing international arbitration decisions issued by New York courts (federal and state, trial-level and appellate). Now those decisions - with key information such as the decision date, the stage of the case, and the main issues treated by the court - are freely available on the NYIAC website. Importantly, each entry is accompanied by a free, public link to the decision itself: there is no need to log into PACER or other subscription-based service. The library will be updated as cases are issued.

This project was made possible by Mark Stadnyk at Norton Rose Fulbright (US) and by Fastcase, a modern legal research tool.

http://nyiac.org/case-law-library/

Mark Stadnyk focuses on international commercial and investor-state arbitration at Norton Rose Fulbright's New York office, with a focus on Latin America and the Middle East. He previously practiced international arbitration in Houston and Paris. Mark studied law at Oxford, Harvard, and the University of Paris (Pantheon-Assas). He frequently publishes and speaks on international arbitration, and is very active in the Vis Moot as coach and arbitrator.

Podcast: Investment Adviser Arbitration - what you need to know

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Speakers:

Richard Ryder, Esq., President, Securities Arbitration Commentator, Host
George H. Friedman, Esq., Chairman, Arbitration Resolution Services, Inc., Moderator
Glenn S. Gitomer, Esq., Shareholder, McCausland Keen & Buckman
Salvador M. Hernandez, Esq., Partner, Riley Warnock & Jacobson, PLC
Ross Tulman, Principal, TIA Group
Jeffrey T. Zaino, Esq., Vice President, American Arbitration Association


https://www.youtube.com/watch?v=Exd-VkcfPU0

Upcoming ADR Events

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September 29, 2015 - Understanding and Defusing Workplace Drama
A workshop at the 2015 NYSDRA Annual Conference. Visit nysdra.org for more information


October 2, 2015 - Legal, Ethical and Risk Management Considerations in Interdisciplinary Dispute Resolution Practice Arrangements
A presentation at the 2015 Divorce Catalyst Conference. Visit www.divorcecatalystconference.com for information and registration


October 7, 2015 - Defining Your Niche in the Conflict Resolution Marketplace at the 2015 ACR Annual Conference


October 8, 2015 - What's a Neutral to Do? Dealing with Ethical Issues Faced by Party Representatives in Commercial ADR also at the 2015 ACR Annual Conference. Visit http://reno.acrnet.org for information

Patent Arbitration: It Still Makes Good Sense

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Article by AAA/ICDR Arbitrator Peter L. Michaelson:

Michaelson-Patent Arbitration-Landslide.pdf

Putting Diversity Into Practice

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See information about this initiative:

AAA Diversity Initiative.pdf

ICDR arbitration - the lawyers' perspective

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Interview of AnĂ­bal Sabater, international arbitration specialist and partner at Chaffetz Lindsey in New York, and Edward Kehoe, co-head of King & Spalding's international arbitration practice, also in New York.

ICDR arbitration--the lawyers' perspective .pdf

Lawline will be sponsoring a 3-member panel discussion led by Gerald M. Levine on the administrative (ODR) and statutory procedures for combatting cybersquatting. It will take place on October 11, 2015 at midday for 75 minutes (live and streamed) at New York Law School. The panelists will cover the arbitral regime implemented by the Internet Corporation for Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy, and the Anticybersquatting Consumer Protection Act, both of which were rolled out in 1999. The discussion will include procedures, evidentiary demands, remedies, and jurisprudence of both regimes.

Please note that an incorrect version of this article by Neil Steinkamp, Elizabeth J. Shampnoi and Robert Levine was inadvertently posted on this blog on September 10, 2015. Kindly see below the correct version:

Dollars and Common Sense.pdf

Article by James Gluckman:

Is Value of Arbitration.pdf

Optional Appellate Arbitration Rules: Are They Good For Your Case?

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Article by Anibal Sabater, Chaffetz Lindsey LLP, with Practical Law Arbitration:

Optional Appellate Arbitration Rules Are They Good For Your Case.pdf

Dissenting Arbitration Opinions - What are your thoughts?

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How often do you see dissenting opinions in arbitration cases? Is it a good or bad thing for the process? Please post comments below.

Article by George Friedman:

http://www.sacarbitration.com/blog/whats-past-prologue-whats-ahead-arbitration-filings-wake-markets-recent-volatility/

George H. Friedman, an ADR consultant and Chairman of the Board of Directors of Arbitration Resolution Services, Inc., retired in 2013 as FINRA's Executive Vice President and Director of Arbitration, a position he held from 1998. In his extensive career, he previously held a variety of positions of responsibility at the American Arbitration Association, most recently as Senior Vice President from 1994 to 1998. He is an Adjunct Professor of Law at Fordham Law School. Mr. Friedman serves on the Board of Editors of the Securities Arbitration Commentator. He is also a member of the AAA's national roster of arbitrators. He holds a B.A. from Queens College, a J.D. from Rutgers Law School, and is a Certified Regulatory and Compliance Professional (Wharton-FINRA Institute).

Three Upcoming Arbitration Webinars

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The ABC's of Drafting Arbitration Clauses in Individually Negotiated Employment Contracts - September 22, 2015

https://www.aaau.org/courses/the-abc's-of-drafting-arbitration-clauses-in-individually-negotiated-employment-contracts/15web023o/Resolving Complex

Business Disputes: Is the Promise of Arbitration Illusory? - September 30, 2015

https://www.aaau.org/courses/resolving-complex-business-disputes-is-the-promise-of-arbitration-illusory/15web027o/

Imposing Sanctions in Arbitration: Just How Far Can You Go? - October 20, 2015

https://www.aaau.org/courses/imposing-sanctions-in-arbitration-just-how-far-can-you-go/15web026o/

"Deflategate" - the Court has Ruled - Now What?

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See the following link by George Friedman:

https://www.arbresolutions.com/deflategate-the-court-has-ruled-now-what/

George H. Friedman, an ADR consultant and Chairman of the Board of Directors of Arbitration Resolution Services, Inc., retired in 2013 as FINRA's Executive Vice President and Director of Arbitration, a position he held from 1998. In his extensive career, he previously held a variety of positions of responsibility at the American Arbitration Association, most recently as Senior Vice President from 1994 to 1998. He is an Adjunct Professor of Law at Fordham Law School. Mr. Friedman serves on the Board of Editors of the Securities Arbitration Commentator. He is also a member of the AAA's national roster of arbitrators. He holds a B.A. from Queens College, a J.D. from Rutgers Law School, and is a Certified Regulatory and Compliance Professional (Wharton-FINRA Institute).

See the attached article by Mark J. Bunim, an arbitrator and mediator in New York City and a member of the panels of AAA and NAM. He can be reached at bunim@caseclosure.com.

Bunim Def Counsel Prep Insurance Rep.pdf

Ethical Dilemmas - What are your thoughts?

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What challenging ethical dilemmas have you encountered in an arbitration or mediation as an arbitrator/mediator or advocate? Please post your comments below.

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