August 2017 Archives

Detailed Pleading - What are your thoughts?

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If a Claimant chooses to file a detailed pleading instead of simply submitting a Demand Form, to what extent should the Claimant be held to any deficiencies in that pleading? For example, if the Claimant pleads certain factual averments but, even if taken as true, they do not rise to the level of a claim, is that an appropriate basis for an arbitrator to dismiss the claim upon the Respondent's motion?

Please provide your thoughts/comments below.

Should arbitrators receive evidence, such as expert reports, before the first oral hearing on the merits?

Please provide your thoughts/comments below.

NYSBA Dispute Resolution Section Fall Meeting

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SAVE THE DATE - October 26, 2017, NYSBA Dispute Resolution Section Fall Meeting, Brave New World in Dispute Resolution, at New York Law School. Please see the following brochure for more information:

DR Program.pdf

To register, access the following link:http://www.nysba.org/DRS/

Emergency Measures - What are your thoughts?

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Many arbitral institutions now incorporate emergency measures of protection into the rules. Is there a guiding practice when a party is better served filing for emergent relief in arbitral proceedings as against court? Where there is mutual party agreement, should an emergency arbitrator continue to serve on the case as part of the Tribunal?

Please provide your thoughts/comments below.

Review of Awards by ADR Institutions - What are your thoughts?

| 18 Comments

Some ADR institutions review/edit a Tribunal's award. To what extent, if any, should a Tribunal's award be reviewed and edited by an institution?

How does review/editing vary by institution and within institutions?

Please provide your thoughts/comments below.

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