April 2018 Archives

Should institutional rules include a limited provision for the parties to file a motion for reconsideration after the issuance of the Final Award? If so, on what grounds would such a motion be entertained? For example, a need to correct a clear error of fact (i.e., the arbitrator/panel having (inadvertently) misread/misconstrued a piece of evidence), an intervening change in controlling law, or the emergence of new evidence not previously available?

Please provide your thoughts/comments below.


Motions in Limine - What are your thoughts?

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Are motions in limine appropriate in arbitration? Why or why not?

Please provide your thoughts/comments below.

Legislative Committee Announcement

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The Dispute Resolution Section of the New York State Bar Association is most pleased that it was able to take a leadership role in opposing, and ultimately stopping, legislation to radically amend Article 75 of the CPLR, as part of the New York State budget process in late March. Please see the following:

Legislative Committee Announcement eblast.docx

Should a Tribunal ever advise the parties, prior to the closing of the evidentiary hearings, of its preliminary reactions to the evidence presented during the hearings?

Please provide your thoughts/comments below.

Article by Theo Cheng appearing the Spring 2018 edition of the NYSBA NY Litigator, "Sometimes Less Is More (and Vice Versa): A Primer on Pleading Practice in Arbitration":

Sometimes Less is More (NY Litigator - Spring 2018).pdf

NYSBA Resolution Roundtable Blog - 2017 Year in Review

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Conflict Check - What are your thoughts?

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As an arbitrator, how do you conduct your conflict check? If you use a specific type of software, please advise.

Please provide your thoughts/comments below.

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This page is an archive of entries from April 2018 listed from newest to oldest.

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