June 2016 Archives

By Gerald M. Levine, Esq.

Arbitrators and Providers Immune - GL.pdf

Gerald M. Levine, Esq.
Levine Samuel, LLP
800 Second Avenue,
3rd Floor
New York, NY 10017-4709
Direct. 212.596.0851
Fax: 212.382.0320
E-mail, gmlevine@researchtheworld.com

Website and Blogs, www.iplegalcorner.com
(Publishing, Contracts, Copyright, Trademark,
IP, Arbitration and Domain Name law)
Legal Corner Press, LLC, www.legalcornerpress.com
Treatise trademarks, domain names, & cybersquatting
Domain Name Arbitration (Legal Corner Press 2015)
Essays republished and Arbitrator and Mediator. America Arbitration Association, FINRA,
Mediation New York Supreme Court, Commercial Division; and
the United States District Court for the Southern District of New York

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to settlement agreements resulting from mediation. Panel 1 will address enforcing settlement agreement: International vs. Domestic Mediation - Security vs. Flexibility.

The main questions will be: What are the characteristics of international mediation as opposed to domestic mediation? How are those characteristics relevant to the design of a cross-border enforcement instrument for mediated settlement agreements? Why is there a need for a specific instrument on cross-border enforcement of settlement agreements? How to reconcile the flexible nature of international mediation with formal requirements of enforcement procedure?

The second panel will be comprised of Users and Mediators. This panel offers an opportunity to pose pragmatic questions to distinguished practicing mediators and users on how mediation issues are handled in practice, including issues in relation to enforcement of settlement agreements as currently considered by UNCITRAL.

Anyone in Vienna at that time should find their way to the Austrian Federal Economic Chamber, Room 1 Wiedner Hauptstrasse 63, 1040 Vienna to be part of the program.

For more information, contact:

Deborah Masucci
Arbitrator and Mediator
Chair, International Mediation Institute
646-670-7224
dm@debmasucciadr.com
deborah.masucci@imimediation.org
www.debmasucciadr.com
www.imimediation.org


When, if ever, should an arbitrator issue a standard award but with a separate opinion containing the reasoning? Please provide your thoughts/comments below.

The Association for Conflict Resolution, Greater New York invites you to join us this Thursday, June 16, at Cardozo Law School for our 15th Annual Conference.

2016 Conference Highlights Include:

• Keynote Speaker - Brian Lehrer of WNYC. Brian will interview Hon. Shira A. Scheindlin (Ret.) as a part of his Keynote

• Achievement Award Honoree - Center for Court Innovation

• Achievement Award Honoree - John Kiernan, Partner, Debevoise & Plimpton; Chairman of the Board of Directors, The International Institute for Conflict Prevention & Resolution (CPR); Incoming President, New York City Bar

• Cocktail Reception Speaker - Susan Herman, NYPD Deputy Commissioner, Collaborative Policing

• Pre-Conference Cocktail Reception at JAMS NY on June 15

• 16 Concurrent Panel Sessions and Workshops + Up to 6.5 hours of CLE, including 1.5 Hours of Ethics

REGISTER HERE: http://acrgny.org/2016-Conference

Questions? Please don't hesitate to reach out to us at todd.drucker@acrgny.com or 212.607.2718. Please join us at this amazing event!

Melissa Appleton, Todd Drucker, Justin Strock
2016 ACR-GNY Annual Conference Co-Chairs

Arbitration Precedent - What are your thoughts?

| 14 Comments

What is the role of the arbitration community, if any, to develop common law? Federal and State Appeals Court judges acknowledge that many interesting business disputes are going to arbitration. At the same time, some judges bemoan this because of the impact on the development of precedent. What is to be done systemically to solve the precedent problem? It should be noted that that the American Arbitration Association currently publishes all of its labor and employment awards, redacted, unless one party opts out.

Please provide your thoughts/comments below.

Reasoned Award - What are your thoughts?

| 23 Comments

Where one party wants a reasoned award and the other party does not, does an arbitrator have an ethical and moral duty to provide a reasoned award? Please provide your thoughts/comments below.

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