May 2017 Archives

Arbitrators sometimes need to review highly confidential and privileged information that could potentially bias the Tribunal and/or taint the process. Should an eDiscovery Special Master be appointed independent of the Tribunal to review such discovery?

Please provide your thoughts/comments below.

Section R-4 (c) of the AAA Commercial Arbitration Rules and Mediation Procedures states:

It is the responsibility of the filing party to ensure that any conditions precedent to the filing of a case are met prior to filing for an arbitration, as well as any time requirements associated with the filing. Any dispute regarding whether a condition precedent has been met may be raised to the arbitrator for determination.

Should arbitral institutions have an internal body to vet applicable jurisdictional filing requirements prior to case initiation and appointment of the Tribunal? To the degree such requirements are not met, what ought to be next steps?

Please provide your thoughts/comments below.

Assembly Bill A7445 - What are your thoughts?

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In late April 2017, the New York State Senate introduced Assembly Bill
A7445.

The Bill is available here: AB A7445.

The proposed bill primarily involves consumer arbitration and prohibition of certain contractual agreements to arbitrate personal injury and wrongful death claims. Notwithstanding, is such legislation, introduced with several prohibitions, harmful to arbitration at large?

Please provide your thoughts/comments below.

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