April 2017 Archives

In an institutional arbitration with three presiding arbitrators, should there be a preferred process for Chair selection (e.g. institution decides; arbitrators decide; default to highest ranked arbitrator; default to judge, if present)?

Please provide your thoughts/comments below.

Number of Arbitrators - What are your thoughts?

| 11 Comments

Increasingly, the rules of international arbitral institutions (e.g. ICC, ICDR, JAMS, etc.) require the appointment of a sole arbitrator where the parties have not agreed on the number of neutrals. The domestic rules of such institutions do not always mirror a sole arbitrator default (e.g. AAA Commercial Rules default to three arbitrators if the claim is over $1,000,000). Does one arena (international or domestic) have the better approach?

Please provide your thoughts/comments below.

Delay Tactics - What are your thoughts?

| 7 Comments

All parties to arbitration can be guilty of instigating delay tactics at various stages of the arbitral proceedings. Such can add cost and veer the proceedings off track. What tactics have you seen? How can the Tribunal/Opposing Counsel minimize or circumvent such tactics?

Please provide your thoughts/comments below.

Emergency Measures - What are your thoughts?

| 2 Comments

Taking direction from the courts and clients, various arbitral institutions have introduced emergency measures within their rules. Are such measures necessary and effective? Does one forum provide greater success with emergency relief - as between courts and arbitral institutions, and as between international and domestic? Why?

Please provide your thoughts/comments below.

Where an arbitration clause requires three arbitrators, should the Chair exclusively handle discovery disputes? Consider also whether the Chair makes this determination sua sponte or the parties request the same. What are the positives and/or negatives of such an arrangement?

Please provide your thoughts/comments below.

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