June 2022 Archives

Helping the Tribunal - What are your thoughts?

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Well before the time that the proof in an arbitration is closed, how can counsel help the Tribunal make a well-informed award? What are the best practices? What should be avoided?

Please provide your thoughts/comments below.

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On June 13, 2022, the U.S. Supreme Court issued its unanimous opinion resolving a U.S. Circuit Court split over a hotly debated issue, namely whether 28 U.S.C. § 1782 applies to private foreign or international arbitrations. In ZF Automotive US, Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022), the Supreme Court was required to decide whether private adjudicatory bodies constitute "foreign or international tribunals" under Section 1782 and concluded they do not. (Kluwer Arbitration Blog article on June 14, 2022 by Dana MacGrath)

See the complete attached SCOTUS Decision.pdf. What is your opinion regarding this issue/decision?

Please provide your thoughts/comments below.

Feliu Case Summaries June 2022

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To download the Feliu Case Summaries June 2022, see the following AF -2022.pdf.

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When a three-member tribunal agrees on some but not all issues, what are the possible approaches of the arbitrators writing the Award? What is preferable? How should the Award deal with a dissenting arbitrator? Should the dissenting arbitrator sign the Award but issue a short statement of what is not agreed to? Or, should the dissenting arbitrator not sign the Award and write a dissenting opinion?

Please provide your thoughts/comments below.

Thank you to Steve Skulnik and Dana MacGrath for providing this week's question from a recent program that they spoke at.

Quantum issues in the Award - What are your thoughts?

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How should arbitrators approach quantum calculations? How much should arbitrators ask of the parties and quantum experts? Should the arbitrators decide the quantum issues and write the Award based on the parties submissions and not ask for additional materials from parties or their quantum experts? Or, should the arbitrators ask for additional materials from parties or their experts if they deem such additional information relevant and material to deciding the "quantum" outcome of the case in the Award?

Please provide your thoughts/comments below.

Thank you to Steve Skulnik and Dana MacGrath for providing this week's question from a recent presentation that they did.

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This page is an archive of entries from June 2022 listed from newest to oldest.

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