June 2017 Archives

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.

Confidentiality and the Award - What are your thoughts?

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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.

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