November 2019 Archives

Should an arbitrator preclude his/her firm from representing parties that he/she has arbitrated cases before in the past as an arbitrator?

Please provide your thoughts/comments below?

Reading List on Race and Racism

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The below reading list was designed to provide New York City Bar Association ADR Committee Members with opportunities to consider Diversity and Inclusion related information and to expand their thought or insight on issues relating to diversity and inclusion in dispute resolution.

Reading List on Race and Racism

The books noted below may be worth considering on the topic of race and racism. This list is not intended to be definitive or authoritative and Committee Members are encouraged to add to it.

Everyday Bias, Howard L. Ross.

Ross, though less well known than Daniel Kahneman, gives a condescended and easy to read explanation of why humans are subject to preconceptions (bias), how bias impacts our behavior and ways of counteracting their impact.

Between the World and Me, Ta-Nehisi Coates

This novel, written as a letter from a Black father to his son, does not simply explain racism but provides insight into what racism feels like from the perspective of the main character.

Stamped from the Beginning, The Definitive History of Racist Ideas in America; Ibram X. Kendi.

Kendi provides a compelling history of racism in America, explaining race as having been socially constructed to support structural racism. From his perspective, race is the child of racism.

Blood in the Water, Heather Ann Thompson.

A captivating narrative of the Attica Uprising, revealing underlying racial dynamics that predetermined its violent ending.

White Fragility, Why It's So Hard For White People to Talk About Racism, Robin DiAngelo.

DiAngelo explains power and hegemony as the animating force behind racism. From her perspective, racism is the collective prejudice of a group backed by legal authority and institutional control.

Respectfully,

The Diversity and Inclusion Subcommittee of the ADR Section of the NYC Bar Association

Robyn Weinstein, Chair
Anthony DiCaprio
Debra Hamilton
Naama Hod
Bernadette Jentsch
Michele Kern-Rappy
Steven Marshall
Carmen Rodriguez
Douglas White

Monster Energy Co.'s arbitration award against an Anheuser-Busch distribution company was reversed because the arbitrator failed to disclose a potential conflict of interest, the Ninth Circuit ruled. Monster Energy Co. v. City Beverages, LLC, No. 17-55813 (9th Cir. 2019)

The fact that the arbitrator was a co-owner of the arbitration firm specified in the agreement between Monster and Olympic Eagle Distributing, should have been disclosed, according to Judge Milan D. Smith Jr., who wrote the majority opinion.

What are your thoughts on this case?

Please provide your thoughts/comments below.

Are there unique issues/problems that you have encountered with arbitrating insurance coverage disputes? Should ADR institutions develop special rules (or panels) for such cases like those the ADR institutions have developed for construction and other specialty matters? Are there drawbacks to a proliferation of specialty panels?

Please provide your thoughts/comments below.

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