Narges Kakalia at Mintz

An Arbitrator’s Power May Be Greater Than That of a Judge

Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although an arbitration agreement can be written (double-spaced) on one side of a...more

6/8/2018 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Commercial Contracts , Federal Arbitration Act , Injunctive Relief , Intellectual Property Litigation

Arbitrability Basics: An Illustration of the “Autonomy” Principle

Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract? Almost. One must always bear in mind the “separability” or “independence”...more

3/26/2018 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Financial Services Industry , Jurisdiction

Enforcement of International Arbitral Awards in the U.S. – Could a Court Abstain Due To “Inconvenience”?

Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens...more

6/22/2017 / Abstention , Affirmative Defenses , Arbitration Awards , Federal Arbitration Act , Forum Non Conveniens , International Arbitration , International Litigation , Motion to Dismiss , New York Convention , Post-Judgment Enforcement Actions

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

3/27/2017 / Arbitration , Australia , Canada , India , International Arbitration , Mandatory Arbitration , Singapore , UK

When An Arbitration Clause Sounds Permissive But Is Not — Does “May” Really Mean “Must”?

Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not...more

1/13/2017 / Arbitration , Arbitration Agreements , Binding Arbitration , Federal Arbitration Act , Mandatory Arbitration Clauses

Risk Management, Indemnification and D&O Coverage — Texas Wall Street Women Style

My colleagues Heidi Lawson, Dionne Lomax, and I just finished our tour of four Texas cities in as many days, meeting a lot of incredibly talented, smart, and fun Wall Street women (yes, and some men too) in San Antonio,...more

1/27/2015 / D&O Insurance , Indemnification , Liability Insurance , Risk Management

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

8/11/2014 / Data Centers , Electronically Stored Information , Email , Microsoft , Popular , Stored Communications Act

Integrating Employees’ Smart Devices Into the Workplace

Originally published in The New York Law Journal on December 10, 2012. Companies are increasingly permitting employees to BYOD, or bring (and use) their own smart devices. Being able to use the latest, fastest,...more

12/18/2012 / Bring Your Own Device (BYOD) , Data Protection , Trade Secrets

Narges Kakalia

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