Arbitrators

News & Analysis as of

The ICC Expedited Procedure Provisions: A New Offering

On 1 March 2017, the new ICC Expedited Procedure Provisions came into force with the aim of reducing cost and improving efficiency for arbitration claims under US$2 million (or a higher amount, if the parties agree). With the...more

Arbitrator Abused Discretion, New Jersey High Court Rules, Ordering Case Reviewed by New Arbitrator

An arbitrator tasked with resolving claims brought by a New Jersey school district against a faculty member erred when he impermissibly converted one count of the complaint from unbecoming conduct to one of sexual harassment...more

Five Steps to Facilitate a Fair and Efficient Arbitration

Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility. 1. Design the Process at the Preliminary Conference The preliminary conference is a...more

Court of Chancery Addresses Effect Of Carve-Outs On The Question Of Substantive Arbitrability

This case involves the overlap of an advancement dispute and the question of substantive arbitrability under Willie Gary. The two-part test of Willie Gary asks whether the parties (i) generally referred all disputes to...more

Blog: Commercial Court rejects assertion of arbitrator bias

In the recent decision in H v L, M, N and P [2017] EWHC 137 (Comm) in the Commercial Court, Mr Justice Popplewell addressed an attempt by the Claimant, H, to remove M, the third arbitrator in a arbitration between H and L, on...more

New LMAA Terms Coming into Effect 1 May 2017

The LMAA has published new Terms and Procedures which will apply to arbitration proceedings commenced on or after 1 May 2017. Key differences between the LMAA 2017 terms and the previous (2012) version are: Specific...more

The New LMAA Terms 2017

The London Maritime Arbitrators Association (LMAA) has published a set of new terms, the LMAA Terms 2017, which are due to come into effect for appointments on or after 1 May 2017. They seek to improve the time and...more

2nd Circuit Tilts the Scale in Favor of Discovery in Aid of Arbitration

The recent decision by the United States District Court for the Southern District of New York in In re Ex Parte Application of Kleimar N.V., No. 16-MC-355, 2016 WL 6906712 (S.D.N.Y. Nov. 16, 2016) (“Kleimar”), which allowed...more

Multiemployer Pension Plans: Section 1405 – Limitation on Withdrawal Liability

In a recent decision involving a withdrawal liability assessment by a multiemployer pension plan, an arbitrator reduced the assessment by approximately 50 percent and ruled in favor of the employer on several significant...more

ICC Looks to Streamline Arbitrations with Amended Rules

The International Chamber of Commerce (ICC) is streamlining its arbitration process to reduce the length and cost of arbitrations and has released amendments to its Rules of Arbitration (ICC Rules), which will come into force...more

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural...

Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) - The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to...more

Work refusal due to second-hand smoke was not properly investigated: arbitrator

A correctional officer with sinusitis and sensitivity to second-hand smoke was entitled to have her work refusal investigated by prison management, an arbitrator has decided. Although the prison was a non-smoking...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Arbitration Risks, Part Two: Inside the Arbitration Process

Commercial arbitration has become more complex, time-consuming, and expensive – in other words, more like litigation. In Part One, we discussed the increasing skepticism among corporate counsel about the purported “better,...more

The Lagarde Prosecution: A Blow to Finality in Investor-State Arbitration?

On December 19, 2016, International Monetary Fund Managing Director Christine Lagarde was convicted of criminal negligence for failing, as French finance minister, to appeal an adverse arbitration award against a French...more

In 2016 the Texas Supreme Court Continues to Favor Arbitration

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Fourth Circuit Refuses To Vacate FINRA Arbitration Award, Despite Party’s Claim That It Had No Opportunity To Participate In...

UBS Financial Services’ motion to vacate a FINRA arbitration award was denied, despite its claims that the panel was improperly chosen and that the panels damages award was flawed in that it did not impose an offset. UBS...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

Eighth Circuit Upholds Arbitral Immunity In Challenge To AAA’S Removal Of Arbitrator

Owens, a terminated CEO, engaged in a AAA arbitration with his former company before a three-member panel. In the course of the proceeding, the company sought to remove an arbitrator for making an incomplete disclosure...more

The Benefits of the Neutral Evaluation

When we are immersed in a case, we all tend to get blinders on. Client hopes and expectations, and our commitment to them and to their cause, can lead us to underestimate the other side and be overconfident about our case....more

Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

ICC Announces New Expedited Rules for Smaller International Arbitrations

On Nov. 4, the International Court of Arbitration of the International Chamber of Commerce (ICC) announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure for...more

Subcommittee on IBA Arbitration Guidelines and Rules Report - 5 Key Takeaways

The Report illustrates wide-spread use of IBA soft law instruments; provides snapshot of international arbitral practice and regional trends. The Subcommittee on IBA Guidelines and Rules recently released the results of...more

Does the NLRA Protect Racist Insults by Picketing Workers?

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

Court Orders Parties to Retry Arbitration Seven Years After Award

In 2008, Move, Inc., initiated a FINRA arbitration against Citigroup Global Markets, alleging that Citigroup improperly invested over $131 million of Move's assets in illiquid and unsuitable auction rate securities. The...more

213 Results
|
View per page
Page: of 9
Cybersecurity

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×