Arbitrators

News & Analysis as of

Selecting Party Arbitrators

The use of party arbitrators is on the rise in the United States. It is now common in U.S.-based commercial arbitrations with tripartite panels that the parties each select unilaterally one party arbitrator, who then together...more

Leading Arbitrators/Practitioners Address Trends In International Arbitration At New York Symposium

On Monday, March 10, 2014, Cozen O’Connor’s Martin Gusy participated in a panel discussion on current trends in international arbitration at Cardozo School of Law in New York. Other panelists included Ank Santens of White &...more

Selecting a Party-Appointed Arbitrator in the US

Arbitration analysis: Selecting an arbitrator is one of the most important strategic considerations in an arbitration. While an arbitrator's neutrality and impartiality is widely assumed to be the norm (especially...more

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

What if the Agreed Upon Arbitrator No Longer Conducts Arbitrations? The North Carolina Court of Appeals Answers in Torrence

Defining the power of arbitration agreements has been a hot topic at the federal and state levels for the past couple of years. In a recent post, we discussed two North Carolina Court of Appeals decisions that validated the...more

Arbitrator Improprieties: A Educational Laundry List

The Ninth Circuit Court of Appeals recently affirmed the U.S. District Court of Nevada’s confirmation of an arbitration award allocating attorneys’ fees and denial of a motion to vacate the award. After first holding, in a...more

When Less Is More: Drafting Enforceable Arbitration Provisions

When drafting contracts, can specificity ever not be a virtue? When a contract leaves material terms open, after all, the contract might be void for indefiniteness. E.g., Boyce v. McMahan, 285 N.C. 730, 734, 208 S.E.2d 692,...more

Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern...more

Why A-Rod Faces Long Odds in His Attempt to Overturn the Grievance Arbitration Award

On Saturday January 11, 2014, arbitrator Frank Horowitz reduced Alex Rodriguez’s suspension from 211 games to 162 games (plus any 2014 post-season games) for his use of performance enhancing drugs (“PEDs”) and obstruction of...more

US federal courts take limited review of parties’ challenges to arbitrators

Challenges to arbitrator appointments have become a hot topic in international arbitration, having arisen in several high-profile international arbitrations this year. Mimicking some of the cases arising in the...more

New York Federal Court Denies Reinsurer’s Motion to Dismiss Action Seeking Appointment of Arbitrator

Utica Mut. Ins. Co. v. Emp’rs Ins. Co., No. 6: 12-CV-1293 (N.D.N.Y. Sept. 26, 2013). A New York federal court denied a reinsurers’ motion to dismiss the cedent’s complaint in a case where the cedent sought a...more

Labor Letter, December 2013: Was It A Good Year Or Bad Year? The 2013 Employment Law Year In Review

It's pretty common each December to take stock and look back at the year that is ending, whether it’s recounting the happy times and counting one’s blessings, or reliving the disappointments and ruing over the regrets (and...more

Was A-Rod Smart To Walk Out on his Arbitration?

Did embattled Yankee third baseman Alex Rodriguez make a sound strategic judgment in walking out of his grievance arbitration hearing yesterday concerning his 211-game, PED-related suspension after the arbitrator denied his...more

“Half-Hearted And Insensitive” Response To Sexual Harassment Complaint, Flawed Investigation, Results In $25,000 Damage Award

A recent case illustrates the importance of conducting a careful, sensitive investigation of sexual harassment complaints. An employer’s “unpardonable” response to a sexual harassment complaint has resulted in an...more

3d Circuit Says Delaware Can’t Have Secret Arbitrations By Judges

The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware...more

Better, Faster, Cheaper: Revised Arbitration Rules in Hong Kong

The Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013 align the jurisdiction with international best practices. The HKIAC has updated its popular rules for administered...more

American Arbitration Association’s Commercial Arbitration Rules Revised

The American Arbitration Association (“AAA”) has recently amended its AAA Commercial Rules (the “Commercial Rules”), which apply to thousands of U.S. domestic arbitrations annually. The amendments take effect for all...more

New Jersey Court Holds That A Mediator May Not Also Serve As An Arbitrator

The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator. ...more

Employment Newsletter - September 2013: Connecticut Supreme Court Limits Arbitrator’s Discretion When Interpreting Collective...

In State v. AFSCME, Council 4, Local 391, 2013 Conn. LEXIS 266 (Conn. Aug. 6, 2013), the Connecticut Supreme Court held there is a clear, well-defined and dominant policy against sexual harassment in the State and that an...more

Arbitrator May Not Award Damages For Workplace Injury Where Worker Entitled To WSIB Benefits

An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided. ...more

Don't Forget To Select Your Arbitrator

In HM DG, Inc. v. Amini, the California Court of Appeal for the Second Appellate District held that an arbitration clause was enforceable even though it did not specify the agency to arbitrate the dispute or otherwise provide...more

Reinsurance Newsletter - September 2013: Good News For Arbitrators From The Supreme Court?

Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013). In a non-reinsurance case, the United States Supreme Court recently defined the scope of the limited judicial review provided for under Section 10(a)(4) of the...more

Massachusetts Federal Court Holds That Arbitrator Should Determine The Preclusive Effect Of A Court’s Confirmation Of A Prior...

Nat’l Cas. Co. v. OneBeacon Am. Ins. Co., No. 12-cv-11874-DJC, 2013 U.S. Dist. LEXIS 92840 (D. Mass. Jul. 1, 2013). A Massachusetts federal court held that the issue of whether a court judgment confirming an...more

New York State Court Denies Application To Appoint Arbitrator

ROM Reinsurance Management Co. v. Continental Ins. Co., No. 654480/12 (N.Y. Sup. Ct., N.Y. Co. Jul. 29, 2013). A New York State motion court denied a reinsurer’s motion to reargue an earlier denial of a petition to...more

Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence

In two decisions this week, courts consider whether arbitration awards can be violated based on arbitrators’ decisions to exclude evidence. ...more

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