January 2021 Archives

NYIAC's Weekly Around Town Message

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Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

As evening engulfs another Friday in New York, let's talk about innovation via digital platforms. Pandemic has enabled dexterity with online profiles. Take a peek below on popular options.

Social Media

Have you heard of the invite-only, audio-based Clubhouse? It's the hot new thing in Silicon Valley (as of 2020). There are several avenues of engagement to build one's narrative voice through free-flowing, stream of consciousness sharing. Here's what you need to know and how to get invited.

"Social media is a contact sport." ― Margaret Molloy, CMO of SiegelGale

Instant Messaging

Did you recently download Signal as an alternative to WhatsApp? SpaceX Founder Elon Musk directed followers there, too (reinforcing the Facebook competition). The backstory is a pending update to WhatsApp's data sharing procedures with parent company Facebook (matched with a series of privacy pledges that did little to build trust in Facebook's past procedures). More on this from the Wall Street Journal, Vox, and Wired.

"All human beings have three lives: public, private, and secret." ― Gabriel García Márquez

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,
Rekha

Upcoming Events

Implicit Biases - What are your thoughts?

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An arbitrator is supposed to be fair and unbiased throughout the proceedings. At the same time, we all carry implicit biases. The arbitrator has told the parties that she/he will have some questions of witnesses, and she/he will ask them when direct and cross examination is over. The attorneys for both sides not only are fine with this idea, but they welcome it. They both agree that arbitrator questions will help them to understand what the arbitrator needs to know to render a decision and help them to prepare post-hearing briefs.

How can the arbitrator prepare to avoid demonstrating implicit biases? What implicit biases should the arbitrator consider before questioning the witnesses? How should an arbitrator manage her/his implicit biases in fashioning questions of witnesses?

Please provide your thoughts/comments below.

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New York Attorneys,

The 2021 NYSBA High School Mock Trial Tournament is underway! The Justice Resource Center, the NYC coordinator of this premier law-related competition, is inviting you to judge this 2021 competition.

ABOUT MOCK TRIAL:
More than 75 schools from all five boroughs will compete virtually between February 23 and May 11, 2021. Serving as a judge requiers a time commitment of three to four hours on a weekday evening, and prior knowledge of the case and tournament rules. Information about this year's case, tournament rules, scoring guidelines and more can be found at: LINK.

CLE CREDIT:
Volunteer judges who are members in good standing of the New York State Bar Association and are also admitted to the New York State Bar for at least two years are eligible for up to (3) three CLE credits for their service. Volunteers can receive CLE credits once every two years for their service in the Mock Trial Tournament. For more information, visit: LINK.

HOW TO REGISTER:
If you are interested in serving as a judge, please complete the application attached by checking off which dates you are available to judge and submit to mocktrialjudges@gmail.com

See the following: finaljudgesmt1.13.2021__ (002)1.doc

Dear New York Attorneys,

The 2021 NYSBA High School Mock Trial Tournament is underway! The Justice Resource Center, the NYC coordinator of this premier law-related competition, is inviting you to judge this 2021 competition.

ABOUT MOCK TRIAL:
More than 75 schools from all five boroughs will compete virtually between February 23 and May 11, 2021. Serving as a judge requiers a time commitment of three to four hours on a weekday evening, and prior knowledge of the case and tournament rules. Information about this year's case, tournament rules, scoring guidelines and more can be found at: https://nysba.org/nys-mock-trial/

CLE CREDIT:
Volunteer judges who are members in good standing of the New York State Bar Association and are also admitted to the New York State Bar for at least two years are eligible for up to (3) three CLE credits for their service. Volunteers can receive CLE credits once every two years for their service in the Mock Trial Tournament. For more information, visit: https://nysba.org/nys-mock-trial/

HOW TO REGISTER:
If you are interested in serving as a judge, please complete the application attached by checking off which dates you are available to judge and submit to mocktrialjudges@gmail.com

Rachel A. Gupta
Principal

(646) 882-2014 (Main)
(917) 597-1690 (Cell)
www.guptaresolutions.com

NYIAC's Weekly Around Town Message

| No Comments

rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.


Dear Friends,

This week, let's focus on unity, a word that reverberated within the inaugural speech of the 46th President of the U.S.: "With unity we can do great things. Important things." Unity allows us to believe in miracles, to believe in new scientific breakthroughs, to be stronger -- because the collective voice creates a cadence like no other. To that end, U.S. Youth Poet Laureate Amanda Gorman reminded us, "We are striving to forge a union with purpose ... To compose a country committed to all cultures, colors, characters and conditions of man." The first 100 days of any presidency are important, as we the people look on.

Through community, we launch arbitral bodies that speak to intersectional diversity (e.g., Racial Equality for Arbitration Lawyers), map arbitration legislation alongside international arbitrators (e.g., the African Arbitration Association's African Arbitration Atlas), and even investigate the accuracy of memory (e.g., ICC Commission Report: The Accuracy of Fact Witness Memory in International Arbitration).

As you launch into the weekend, take an opportunity to share within your safe pod or virtually ... fudgy nutella brownies or creamy spinach-artichoke chicken stew or earl grey tea cake with dark chocolate and orange zest.

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,
Rekha

Upcoming Events

Crime.jpeg

What should an arbitrator do when the parties admit, during the course of a Hearing that they have been engaged in an enterprise (which is the subject of the arbitration) that has consistently violated State and Federal criminal laws (i.e., tax fraud, money laundering, extortion)? What if the Award must include a discussion of these schemes to be complete?

Please provide your thoughts/comments below.

Hybrid Hearing Expectations - What are your thoughts?

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Soon we will be considering the return to in-person arbitration hearings and many will likely be hybrid hearings. If the arbitrator is remote and parties are in-person, what would be your expectations for properly conducting the hearing? For example, should there be a camera view for the arbitrator of the complete hearing room throughout the hearing? If the room has voice-activated cameras, is it acceptable if the arbitrator only has a view of the person that is speaking? Do you think conducting a complete virtual hearing is better than attempting a hybrid hearing?

Please provide your thoughts/comments below.

NYIAC's Weekly Around Town Message

| No Comments

rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.


Dear Friends,

These past weeks of January have been trying. This week, let's focus on progress. NYIAC held its Annual Board Meeting Wednesday, where we paid tribute to Edna Sussman, outgoing Chair. Under her leadership and diplomacy, we expanded our outreach and circle of friends to include expert consultants and third party funders. And, we welcomed Benno Kimmelman, incoming Chair. I share an apt quote for both leaders, from Johann Wolfgang Von Goethe, "A great person attracts great people and knows how to hold them together."

As many on this list hail from the U.S., I've found myself exploring where Americans can travel right now, filled with wanderlust and the hope we meet in Edinburgh in late September. Perhaps we hop from there to the Arctic Circle, to witness migrating whales from the new Whale Museum (shaped like a whale fin). Separately, when will hearings resume in person? You be the judge. Hopefully soon(er), with 50 COVID-19 vaccine candidates in trials.

Several cultures are celebrating seasonal festivals - allowing us to mark time. One special to me is the South Indian harvest festival of Pongal (a lentil dish and restaurant in lower Manhattan). Tradition encourages families to gather (now virtually) around a boiling pot of pongal, embracing the overflow of bubbles as happiness that will imbue the months ahead. I send those bubbles to each of you.

NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,
Rekha

Upcoming Events

NYIAC's Weekly Around Town Message

| No Comments

rekha6.jpg

Rekha Rangachari, Executive Director of NYIAC, runs a weekly Around Town: Upcoming Events in International Arbitrations Message. We at the Section of Dispute Resolution of NYSBA greatly appreciate her thoughtful messages to our ADR community worldwide and run them weekly in this blog. The Section is a proud Founding Organization of NYIAC.

Dear Friends,

I am dismayed that 2021 begins with great turbulence. As pandemic cases uptick, we are again walled off from one another in lockdowns. Adding insults to injury, mobs inciting violence stormed the U.S. Capitol, deriding any anticipation of a peaceful transfer of power. A terrible nightmare that I hope we wake from soon.

On the horizon, there is brightness. Trust in our community, this community, and we shall be stronger together. Never hesitate to write if NYIAC or I can be of service.

Ever yours,
Rekha

"We must accept finite disappointment but we must never lose infinite hope."
- Martin Luther King, Jr.

Upcoming Events

Repeat Arbitration Filers - What are your thoughts?

| 4 Comments

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Should there be limitations on arbitrators handling cases with repeat filers (e.g., disputes between same employer v. different employees or same company v. different vendors)? Does disclosure remedy perceived conflicts of interest, or in the alternative, should there be a cap on the number of cases an arbitrator can handle with the repeat filer? If a cap, what is the best avenue to implement -- e.g., within rules of arbitrator ethics or institutional limitations?

Please provide your thoughts/comments below.

Party-appointed Arbitrators - What are your thoughts?

| 8 Comments

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The ability to appoint the decision makers is a defining aspect of the arbitral system and provides a powerful instrument for the parties. When drafting an arbitration clause and the parties negotiate impaneling a three-person tribunal, is it wise to have party-appointed arbitrators? What are the drawbacks, if any, to having party-appointed arbitrators? Should party-appointed arbitrators always be neutral? Should the party-appointed arbitrators always select the chair?

Please provide your thoughts/comments below.

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This page is an archive of entries from January 2021 listed from newest to oldest.

December 2020 is the previous archive.

February 2021 is the next archive.

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