September 2017 Archives

When the parties' arbitration agreement contains a provision permitting the award of attorneys' fees and costs to the prevailing party, is it the better practice to (a) have all the parties submit their respective attorneys' fees and costs applications along with any post-hearing submissions so that a final award can be issued that decides all issues, including the attorneys' fees and costs issue or (b) issue an interim award, and then request supplemental briefing on attorneys' fees and costs so that it is at least clearer who is the prevailing party and to what extent?

Please provide your thoughts/comments below.

New York International Arbitration Center Announces Selection of New Executive Director, Rekha Rangachari Joins NYIAC at a Time of Growth in International Disputes

Please see the attached press release:

Press Release.pdf

Mediation Proceedings in Good Faith - What are your thoughts?

| 8 Comments

By statute, rule, or agreement, many mediation proceedings require that the parties participate in good faith. How close to the line of "bad faith" does a defendant/respondent tread by coming to a mediation session with a "no-pay" position? To what extent does that party have to maintain an "open mind" about a possible resolution relative to its "no-pay" position before it is basically not participating in good faith?

Please provide your thoughts/comments below.

If the parties want to memorialize a dispute resolution mechanism, how advisable is it to name a specific neutral to serve as the mediator or arbitrator in the dispute resolution clause? Would it make a difference if the document (like a Stipulated Protective Order) will eventually be filed in a public court proceeding?

Please provide your thoughts/comments below.

Under AAA Commercial Rule R-5(a), if a Respondent does not file an Answering Statement, it is deemed to have generally denied the claims. But in doing so, does the Respondent nonetheless have an obligation to apprise the Claimant of the affirmative defenses it intends to pursue? Conversely, if a Respondent does file an Answering Statement and interposes certain affirmative defenses, is the Respondent now limited to those articulated defenses, even though it had no obligation to file an Answering Statement in the first instance?

Please provide your thoughts/comments below.

Punitive Damages - What are your thoughts?

| 11 Comments

Can an arbitrator direct that [statutory] punitive damages be paid to a charity, instead of Claimant, since it is Respondent's "bad conduct" that is being punished, not any act of Claimant that merits monetary reward?

Please provide your comments/thoughts below.

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