Arbitrators

News & Analysis as of

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

SDNY Resolves Impasse And Selects Umpire For Arbitration Under The FAA

Relying on its authority pursuant to the Federal Arbitration Act (“FAA”) and the language of the operative contract, the U.S. District Court for the Southern District of New York selected an umpire for an arbitration from a...more

Emergency Relief in Support of Arbitration: The English Courts Take a Back Seat

The Advent of Emergency Arbitration Provisions - In recent years, and in response to user demand, almost all of the world’s leading international arbitration institutions have changed their rules to allow parties to...more

Alabama Supreme Court Enforces Arbitration Clause That Provides For Arbitration “At the Election of Either Party”

The Alabama Supreme Court recently held in Hanover Insurance Company v. Kiva Lodge Condominium Owners’ Association, Inc. (No. 1141331) that where a dispute is governed by a contract that requires arbitration the arbitrator...more

English High Court affirms recovery of third party funding costs in ICC arbitration proceedings

In our update dated 21 September 2016, we considered the case of Essar Oilfields Services Limited v Norscot Rig Management Pvt Limited, in which the English High Court upheld the decision of the sole arbitrator, Sir Philip...more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

The ICC modifies its Note on the Conduct of Arbitration under the ICC Rules

The Secretariat of the International Court of Arbitration of the International Chambers of Commerce (ICC) periodically issues documents for the information of parties and arbitrators and to aid the conduct of the proceedings....more

Overview of Recent Changes to ICC Arbitration Proceedings

The International Court of Arbitration (the Court), the arbitral institution of the International Chamber of Commerce (ICC), recently announced a series of changes to ICC arbitration proceedings. The new policies are...more

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