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October 2016 Archives

October 1, 2016

New York Times Arbitration Article - What are your thoughts?

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.

October 9, 2016

Consolidation - What are your thoughts?

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.

October 16, 2016

Pre-Award Interest - What are your thoughts?

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.

October 24, 2016

Arbitral Options for Issuing Relief - What are your thoughts?

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.

October 30, 2016

Applications for attorneys' fees - What are you thoughts?

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.

About October 2016

This page contains all entries posted to Resolution Roundtable in October 2016. They are listed from oldest to newest.

September 2016 is the previous archive.

November 2016 is the next archive.

Many more can be found on the main index page or by looking through the archives.