February 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,

Today, let's talk about solace.

Of course: Some days, weeks, months seem unending -- the cadence of weekday routine swirling into the weekend, in pandemia.
But maybe: With spring on the horizon + vaccine dissemination (with new contenders to enter market tracked here and here, including single-shot J&J), we'll be able to soon convene family gatherings (given, chosen, or otherwise). It's always nicer to pass down family recipes physically together, IRL, even if it's only spinach.

Of course: Vacations are more frequently taken in dream state, or via virtual tour (cc Lupin's Portrayal of the real Paris), in pandemia. (Consider also: our dreams are really active because our lives are so still.)
But maybe: If you present a negative test, you, too, can experience the magic of Kilauea Volcano (and stay here). For secondary options, here and here, consider the Best Places to Travel in 2021.

Of course: You've grown tired of the confines of your current abode, and even the best room dividers haven't added the requisite panache, in pandemia.
But maybe: In search of bigger space, a different city, or an entirely new canvas (farm, beach, or mountain - dealer's choice), test drive Bentley's final gas-powered sedan. En route home, in celebration of Black History Month, tap into some black-owned decor and home brands as you imagine the restaurant of the future.

One more for good measure ...
But maybe: On this Friday, you'll gain inspiration from this father-daughter photographic collaboration. Weekend project idea?

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

Ever yours,
Rekha

"It's calm under the waves in the blue of my oblivion." ― Fiona Apple, American Singer-Songwriter

Upcoming Events

The FAIR Act - H.R. 963 - What are your thoughts?

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On Thursday, February 11 2021, Congressman Hank Johnson (GA-04), chairman of the Judiciary Subcommittee on Courts, Intellectual Property and the Internet, announced that he re-introduced the FAIR Act: The Forced Arbitration Injustice Repeal Act, re-establishing Americans' 7th Amendment right to seek justice and accountability through the court system. The FAIR Act - H.R. 963 - would eliminate forced arbitration clauses in employment, consumer, and civil rights cases, and would allow consumers and workers to agree to arbitration after a dispute occurs.

What are your thoughts on such legislation? If passed, could this create a slippery slope and eventually put some B2B disputes (e.g., small company v. large company, franchise disputes, etc.) under the microscope?

Please provide your thoughts/comments below.

ABA 2021 Resolution Supporting Commercial Arbitration

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This week, the ABA House of Delegates passed Resolution 100 in support of commercial arbitration. The Resolution was prepared by the ABA Section on Dispute Resolution. The Resolution provides:

RESOLVED, that the American Bar Association supports the use of arbitration of business-to-business disputes, both domestically and internationally, as an efficient and economical method of dispute resolution.

Please see complete ABA Resolution Report - 2021.pdf.

NYIAC's Weekly Around Town Message

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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,

Today, let's talk about culture.

Definitions of culture include behaviors, systems, practices, and aspirations. Better yet, it is an ethos -- emblematic as a flag as to what, or rather who, inhabits the surrounding environs. In light of this mailer's anchor, NYIAC, it seems only fitting to jump down the rabbit hole of New York things -- the lore of experiences from pre-pandemic times. (And, if you feel like sharing, drop a line here re: your culture.)

New Yorkers (as other global urbanites) pay top dollar for access -- if you can imagine it, it can be yours, at any hour of the day. This week, instead of focusing on the running list of restaurants that closed, let's consider the experiences still to be had.

As the snow begins to fall again, bundle and grab your New York and Financial Times, to pair with a billowy cup of hot cocoa from Bar Pisellino or cioccolata from Grom. (NB: Stay agile even in these times, lest one loses sanity altogether.) Good news, it's a Friday. Take-out, delivery, or even dine-in (reinstated in time for San Valentín) can be perused on this running list + 15 "exciting options" in Manhattan + On Demand Cocktails. But what about entertainment? You can indulge in the Met Opera's nightly streams, explore the New York Public Library's Black History Month, virtually tour Brooklyn to Manhattan, meander Central Park's Strawberry Fields, or take in the view from Floor 102 of the Empire State Building.

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

Ever yours,
Rekha

"I love New York, even though it isn't mine, the way something has to be, a tree or a street or a house, something, anyway, that belongs to me because I belong to it."―Truman Capote

Upcoming Events

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In a complicated arbitration, two party-appointed arbitrators that are white males are tasked with selecting the third arbitrator. The parties provide them with two excellent choices in the field, one diverse and the other a white male candidate. The party-appointed arbitrators highly respect both arbitrator choices and believe that they can more than adequately handle the role as chairperson. The party-appointed arbitrators, however, know and have worked with the white male arbitrator and would prefer to select him.

What should the party-appointed arbitrators do? In the interest of achieving a diverse panel, should they override their preference and select the diverse arbitrator?

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,

Today, let's talk about compassion, and it comes in many forms.

In this year of the Ox, use your magnetic compassion to inspire confidence in others -- by being their ally or sponsor, lending a hand to review the XYZ formula of their resume, or assessing how to get managers' incentives right (or how to stay motivated as a sweatpants manager) while honing in on the secrets of successful listening.

Paint outside the box with compassion (and a pint of YInMn Blue). It may add levity to the looping ideas of "I want to go home, but I am already home." And just maybe, afford yourself an episode of Magic for Humans.

And, take heed of compassionate souls volunteering around NYC, to curate vaccine sites (see NYC Vaccine List and Turbovax), to create open invites re: craft with me, and to collect free merchandise for public use/consumption at pop-up stores (in Brooklyn).

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

Ever yours,
Rekha

Upcoming Events

Arbitral Tribunal Civility - What are your thoughts?

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What is the best way for an arbitrator to raise issues of civility (or lack thereof) on the tribunal? If two arbitrators have issues with the third? When should the problem be raised with the administering arbitral institution?

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,

Today, let's talk about vigilance, with a few items to consider below.

1. On COVID-19
Understand the mechanics of the mRNA vaccine. Assess whether you or someone you know can become a vaccinator (another access route to help, and even to obtain the vaccine). There is hope for spring, if enough people get the shots. But let's be clear, the indoor dining debate isn't a debate at all.

2. On financial market fluctuations
With structural changes paving the way for increased liquidity and automation, a new epoch for retail investors is just beginning. Consider also the impact of economic growth through the lens of biodiversity and natural capital.

3. On mental (in)sanity
How Am I? It's a good question to ask and be asked in these days of lockdown. Especially when faced with many open workstreams. We as experts need checklists, and at times, help creating those checklists. For a broad view (to build past errors of ignorance and ineptitude), preview The Checklist Manifesto by Gawande. (Gawande's Being Mortal and Kalanithi's When Breath Becomes Air are also good additions for focused perspectives on quality over of quantity of life.)

Let's remain vigilant of our family and friends as we propel into February, near to one year from when we first shuttered in. We can gain strength from trailblazers, like Nelson Mandela, while honoring Black History Month in parallel. I share from news archives Nelson Mandela, Free, an audio recording of his statement as a prisoner, and one of his famed quotes: "As we let our own light shine, we unconsciously give other people permission to do the same." Let us shine on.

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

Ever yours,

Rekha

Upcoming Events

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A virtual arbitration is taking place with multiple attorneys, party representatives, witnesses, and stenographer. During the examination of one witness, one of the parties' counsel loses connectivity. His colleague, the lead counsel, notices immediately, and she asks for a pause while her colleague logs back in. While everybody is waiting, one of the attorneys starts making some small talk about the "big game" from the weekend. It is clear that different people on the call support different teams. How should the arbitrator act during this "pause"? In preparing for the arbitration, what attention should be spent to the arbitrator's background on camera? What items should be removed from bookshelves to avoid revealing her implicit or even explicit biases, whether regarding sports or other topics?

Please provide your thoughts/comments below.

About this Archive

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

January 2021 is the previous archive.

March 2021 is the next archive.

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