November 2017 Archives

Deposit Issues With Claimant - What are your thoughts?


What are some practical ways to prevent or minimize the problem of claimants who delay or refuse to pay their share of any required deposits because they realize that they are unlikely to win on the merits of their case?

Please provide your thoughts/comments below.

The Code of Ethics for Arbitrators in Commercial Disputes was adopted nearly 15 years ago in 2004. What Canon or provision in that Code would you recommend changing and how?

Kindly see the following:

Code of Ethics

Please provide your thoughts/comments below.

Tentative Rulings - What are your thoughts?


The notion of judges issuing tentative rulings is quite common in California practice, but not so much on the East coast. How helpful is it for an arbitrator to issue tentative rulings in advance of making a final definitive ruling? Under what circumstances would a tentative ruling make for a best practice?

Please provide your thoughts/comments below.

When two party-appointed Canon IX (neutral) arbitrators are given the opportunity to select the Chair, to what extent should those arbitrators seek guidance from their respective appointing parties as to the applicable criteria for selecting the Chair before they must act impartially and serve as true neutrals? Should the diversity of the Chair (race, gender, background, experience, etc.) relative to the party-appointed arbitrators be considered a criterion and, if so, to what extent?

Please provide your thoughts/comments below.

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