March 2018 Archives

Feliu Case Summaries - March 2018

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Case Summaries by AAA Arbitrator Alfred Feliu: Feliu Case Summaries - AAA - March 2018.pdf

In August 2015, Resolution Roundtable, the blog site for the Dispute Resolution Section of NYSBA, began posting weekly questions to seek feedback and insights on various alternative dispute resolution (ADR) topics. Traffic to the blog site thereafter greatly increased by ADR users, providers and panelists, with varied responses depending on the topic. Topics included arbitrator selection, disclosures, depositions, ethics, ADR legislation and third-party funding. Due to the popularity of the site and to promote academic discourse, the Dispute Resolution Section decided to prepare this compilation of all questions and responses from 2017, with attribution.

The following is the 2017 Year In Review: ADR Insights Blog -2017 Final.pdf

Thank you to Jadranka Jakovcic, Section Intern, for putting together the compilation.

- Jeffrey T. Zaino, Chair, Resolution Roundtable Committee

Is a Respondent's failure to appear in the proceeding, including at the evidentiary hearing, alone sufficient to warrant the shifting of all the provider's administrative fees (e.g., filing fees) to the Respondent, assuming the Claimant prevails on the merits of its claim(s)?

Please provide your thoughts/comments below.

New York Assembly Bill A9505-C - What are your thoughts?


Governor Cuomo submitted a number of proposals to the Assembly as part of an omnibus budget bill. One of those proposals (an amendment to CPLR Article 75) affects arbitration in New York -- including a requirement for "third-party arbitrator," disclosures, witnesses, and manifest disregard, etc. Assembly Bill A9505-C attached here. See, e.g., pp. 189-190.

The Senate counterpart Bill S7848 did not include the same language as in the Assembly Bill.

These issues will be part of the budget negotiations that the Governor and Legislature aim to conclude by March 29.*

Please provide your thoughts/comments below.

* Thank you to the co-chairs of the Arbitration Committee of the DR Section of NYSBA, Steven Skulnik and Rekha Rangachari, for drafting this blog.

Claimant Increasing Claim Amount - What are your thoughts?


Under what circumstances should the Arbitrator/Tribunal permit a claimant to increase its claimed amount of monetary damages to conform with the evidence adduced at the hearing?

Please provide your thoughts/comments below.

In the case where an arbitrator is being compensated on a flat rate, what steps can be instituted to avoid the problem of an arbitrator who simply does the least amount of work necessary?

Please provide your thought/comments below.

Award of Punitive Damages - What are your thoughts?


Assuming the arbitrator/panel determines that an award of punitive damages is appropriate under the governing law and the evidence adduced at the hearing, if the parties leave it to the arbitrator/panel to determine the magnitude of that award, what factors should be utilized in reaching that determination?

Please provide your thoughts/comments below.

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