March 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, a different avenue of quandary, Why Write?

Put a different way, why did we choose to write by profession?
Can you recall the moment you knew you'd do precisely this ... to be ensconced in international arbitration? It's an interesting deep dive, particularly during the season of Vis Moot.

Moreover, how do you "get into character" to commit to your best writing? Is it a place, attire (e.g., a preferred cap), or time of day that produces your best written product? Maybe there's a best practices guide from S. King On Writing.

Apropos to close on a few musings on writing:
• "Words can be like X-rays if you use them properly --  they'll go through anything. You read and you're pierced." ― Aldous Huxley
• "Substitute 'damn' every time you're inclined to write 'very;' your editor will delete it and the writing will be just as it should be." ― Mark Twain
• "If you don't have time to read, you don't have the time (or the tools) to write. Simple as that." ― Stephen King
NYIAC and I remain at your disposal. If we can be of service, drop an email.

Ever yours,

Rekha

P.S. Jazz at Lincoln Center is on! And, you can now bring Peter Luger home in NYC (and while noshing, consider the intersect between personality, success, and the greasy pole).

Upcoming Events


Third Party to an Arbitration - What are your thoughts?

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Assume company A sues company B for breach of contract. The contract includes a broad arbitration clause. In a timely application, A seeks to add company C as an additional Respondent. C is not a party to the contract between A and B, and A and C are not parties to any arbitration agreement. A contends that it has recently acquired evidence that demonstrates that C is essentially an alter ego for B, and that successor liability would apply to any Award in favor of A. A submits some facts (by affidavit) to demonstrate, for example, that B has transferred most or all of its assets to C (in an attempt to leave B judgment-proof). A also seeks discovery of the relationship between B and C in order to further support its successor liability claim. If A's applications (to add C and for additional discovery) are denied, and if A's demand against B results in an arbitration Award of damages, A will be forced to file suit against C seeking judgment to collect on its Award.

Is there a basis for the arbitrator to (1) allow discovery with respect to C's relationship with B? (2) To allow C to be added (or remain) as a party to A's Demand?

Please provide your thoughts/comments below.

Feliu Case Summaries March 2021

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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 authenticity.

It comes in all forms ...

• Buying at the local bookstore (or buying local altogether) instead of buying from the mega-retailer (be it Amazon or Coupang). Maybe authenticity is also allied with fulfillment.

• Refusing to play a bad a game of telephone, thereby fighting against misinformation -- and looking back to look forward.

• Being curious when something seems strange, e.g., when investment firms "care" about affordable housing (and to what gains).

• Owning the "now" by embracing the ephemera of digital collectibles (and ... the new frontier of Beeple).

• Authenticity can also be in the art of anticipation (of travel, perchance).
As you push forward, unearthing the REAL in the now, accept that feeling like a fake can be a sign of growth.

Spring is in the air in New York, and sunshine warms the late afternoon as this goes to press. I dare say it's time for good frolic. And then, maybe gardening (authentically captured in Gardeners' World).

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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Since the Iconix Brand v. Shawn Carter (a.k.a. Jay-Z) case, some institutions have had requests for all female, all Asian American, all African American only arbitrator lists. How should the institutions handle such requests and would you consider such lists to be diverse?

Please provide your thoughts/comments below.

This question was asked at a recent Chartered Institute of Arbitrators diversity program.

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 introspection.

I recently happened upon the Vanity Fair Proust Questionnaire, where swift, short replies are favored over expertly manicured sentences. I've captured a sample set of questions, below. Shall we give it a shot, each in our own safe zone?

1. What is your greatest . . .
• happiness?
• fear?
• accomplishment?
• extravagance?
• regret?
2. When and where were you happiest?
3. What is your most treasured possession?
4. What is your most marked characteristic?
5. What is the trait you most deplore in yourself / others?

And a bonus (my addition): What will be your legacy?

We have many variants of the above Q&A in our space (spoiler alert: NYIAC will release one soon, with responses from our leadership, members, and the community at large).

As we lapse into another weekend, I'm thinking about our drive for perfection. One paradigm, of building an artificial heart, murmurs the quandary: implant too soon and the device may be immature; choose perfection, and it may never leave the lab. In similar suit, how often do our ideas remain shelved in the lab? Hm. Maybe time to dust off and implement. Oh, the places [we'll] go, in pandemia . . .

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

Ever yours,
Rekha

Upcoming Programs

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In a recent New York Law Journal article (The Case for Distributing Draft Arbitration Awards (1).pdf), Lawrence Newman and David Zaslowsky suggest that the international arbitration community might consider the concept of encouraging arbitrators, at least in some circumstances, to distribute draft awards before they are issued as final.

What are your thoughts on the distribution of draft arbitration awards?

Please provide your thoughts/comments below.

About this Archive

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

February 2021 is the previous archive.

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