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June 2017 Archives

June 10, 2017

Confidentiality and the Award - What are your thoughts?

An arbitrator is encouraged (if not empaneled) to preserve the confidentiality of sensitive documents or information (e.g. as provided in most institutional rules). Where an award involves a discussion of such confidential and sensitive material (e.g. personal or medical details), should the arbitrator be guided by certain protocols or procedures? If yes, provide examples. Does the analysis change where it appears the award is more likely to be dealt with in subsequent court proceedings for vacatur, confirmation, or the like?

What are your thoughts/comments? Please provide below.

June 25, 2017

Dispositive Motions and Expedited Arbitrations - What are your thoughts?

Should dispositive motions be permitted in expedited arbitrations (e.g. consumer arbitrations) that generally provide for 1 hearing day? Are such motions necessary/useful in this context, designed to obtain a quick result?

(Consider AAA Consumer Arbitration Rule R-33 providing that the Arbitrator may allow a dispositive motion when "the moving party has shown substantial cause that the motion is likely to succeed and dispose of or narrow the issues in the case.")

What are your thoughts/comments? Please provide below.

About June 2017

This page contains all entries posted to Resolution Roundtable in June 2017. They are listed from oldest to newest.

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