October 2016 Archives

Applications for attorneys' fees - What are you thoughts?

| 12 Comments

What should arbitrators do regarding applications for attorneys' fees: take submissions at the same time they are deciding the merits or issue a partial award on the merits and take the fee application afterwards? Should an arbitrator award attorneys' fees as sanctions?

Please provide your thoughts/comments below.

Arbitral Options for Issuing Relief - What are your thoughts?

| 14 Comments

Is it good practice for an arbitrator to issue relief that a court would not, even if the agreement or applicable law and rules empower the arbitrator to do so?

Please provide your thoughts/comments below.

Pre-Award Interest - What are your thoughts?

| 4 Comments

What should arbitrators do regarding pre-award interest either where the applicable law is not clear or if the statutory interest rate is not reflective of the true cost of funds? Is this a procedural or substantive analysis? Does the analysis differ as between domestic and international arbitration?

Please provide your thoughts/comments below.

Consolidation - What are your thoughts?

| 14 Comments

Multiple arbitrations involving the same parties but separate panels were the subject of motions to consolidate filed in each separate arbitration. The administering arbitral organization's rules did not contain a rule addressing motions to consolidate. How should the motions be handled -- which panel(s) should decide, could the panels act jointly and/ or confer, and would a panel in one arbitration have authority over the others?

What are your thoughts? Please provide your comments/thoughts below.

New York Times Arbitration Article - What are your thoughts?

| 13 Comments

What are your thoughts on the most recent front page article on arbitration appearing in the New York Times? Please see the following link: NYT.

Kindly provide your thoughts/comments below.

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This page is an archive of entries from October 2016 listed from newest to oldest.

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