December 2017 Archives

Arbitration of Art and Cultural Heritage Disputes

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Article by AAA Arbitrator Theo Cheng appearing in NYSBA Entertainment, Arts and Sports Law Journal Fall/Winter 2017, "Resolution Alley - Arbitration of Art and Cultural Heritage Disputes."

Arbitration of Art and Cultural Heritage Disputes (NYSBA EASL Journal).pdf

Q&A On Arbitration In Latin America

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Appearing in Mealey's International Arbitration Report, an article by AAA-ICDR Arbitrator Carlos J. Bianchi, "Q&A On Arbitration In Latin America."

Mealey's.pdf

Unrepresented Party - What are your thoughts?

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What special or extra steps are best practices to take as a neutral, in either a mediation or arbitration context, when faced with an unrepresented party on one side?

Please provide your thoughts/comments below.

Attorney Fees - What are your thoughts?

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May a party in an arbitration unilaterally withdraw its demand for attorney fees after both sides had demanded fees? If so, is there a cut-off for the withdrawal? Before the hearing? Mid-hearing? After the hearing?

Please provide your thoughts/comments below.

Article from the CPA Journal, December 2017, by Vincent J. Love and Thomas Manisero

CPAJ12-17AltDisputeResolnpg54-58.pdf

The NYSBA Dispute Resolution Section Diversity Committee (the "Diversity Committee")encourages, fosters and supports the development of diverse talent and inclusion in all types of alternative dispute resolution, including mediation, arbitration, early neutral evaluation, mini trials, etc. both as neutrals and as representatives of parties in the processes. Diversity of those participating in the dispute resolution process enables the presentation of many views and provides a greater perspective on how and in what way to use dispute resolution to resolve problems, leading to more options and fairer results. Encouraging a diverse and inclusive environment also promotes respect and fosters treating individuals of diverse backgrounds fairly.

As part of the foregoing mission, the Diversity Committee, chaired by Noah Hanft and Jennifer Kim, initiated the Mentorship Program to provide mentorship, training, encouragement, and opportunities to attorneys who have been historically under-represented in the field of alternative dispute resolution. The goal of the Mentorship Program is to increase diversity in the alternative dispute resolution community by providing such attorneys with training, support, and connections to assist them in becoming active participants in the area of alternative dispute resolution. Through the Mentorship Program, mentees work with or "shadow" their mentors to gain first-hand experience and training in alternative dispute resolution, attend seminars on alternative dispute resolution, and network with other professionals in the alternative dispute
resolution community. The Mentorship Program duration is one (1) year.

Please see the following application:

Diversity.pdf

Feliu November 2017 Arbitration Case Summaries

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The Feliu November 2017 Arbitration Case Summaries:

Feliu Case Summaries - AAA - November 2017.pdf

Dispositive Motions - What are your thoughts?

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If the outcome of a dispositive motion involves thousands of dollars possibly lost to the arbitrator if the motion is granted, should the parties let the presiding arbitrator decide the motion? Should they select another arbitrator to decide that specific motion?

Please provide your thoughts/comments below.

During a mediation, the mediator does not permit caucusing/ex-parte communication. The mediation then fails, should the mediator, on agreement by the parties, serve as the arbitrator?

Please provide your thoughts/comments below.

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