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September 2017 Archives

September 3, 2017

Punitive Damages - What are your thoughts?

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.

September 9, 2017

Answering Statement and Affirmative Defenses - What are your thoughts?

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.

September 17, 2017

Naming the Neutral in Your Contract Clause - What are your thoughts?

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.

September 23, 2017

Mediation Proceedings in Good Faith - What are your thoughts?

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.

September 25, 2017

NYIAC Announces Selection of New Executive Director - Rekha Rangachari

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

September 30, 2017

Attorneys' Fees and Costs to Prevailing Party - What are your thoughts?

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.

About September 2017

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

August 2017 is the previous archive.

October 2017 is the next archive.

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