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Arbitration
Miami Now a Hot Spot for International Arbitration
April 6, 2014
When the news broke that the $1 billion dispute over construction overruns of the Panama Canal would be arbitrated in Miami, a reporter writing a story about this “placing Miami on the arbitration map” called me for a quote. I agreed she was on the trail of a good story, but not because the case made Miami an arbitration player. The story starts with the fact that several years ago, the ultra-sophisticated parties contracting for work on one of the world’s most important construction projects...
April 6, 2014
When the news broke that the $1 billion dispute over construction overruns of the Panama Canal would be arbitrated in Miami, a reporter writing a story about this “placing Miami on the arbitration map” called me for a quote. I agreed she was on the trail of a good story, but not because the case made Miami an arbitration player. The story starts with the fact that several years ago, the ultra-sophisticated parties contracting for work on one of the world’s most important construction projects...
Denial of Certiorari in Delaware Chancery Arbitration Case
April 4, 2014
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The Third Circuit’s decision was based on the First Amendment right of public access to judicial proceedings. As I discussed in a previous post on the case, however, in my view...
April 4, 2014
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The Third Circuit’s decision was based on the First Amendment right of public access to judicial proceedings. As I discussed in a previous post on the case, however, in my view...
Mass and Class Claims in Arbitration
April 1, 2014
On April 9, the 11th Annual ITA-ASIL Conference: Mass and Class Claims in Arbitration will be presented from 12:00 noon – 4:30 p.m. in Washington D.C. at the Ronald Reagan International Trade Center. The conference examines the competing trends and future prospects for class and mass claims in litigation and arbitration and features a keynote address by Carolyn B. Lamm (White & Case LLP, Washington, D.C.), past President of the ABA and lead advocate for the 60,000 Italian claimants in Abaclat v. Argentine...
April 1, 2014
On April 9, the 11th Annual ITA-ASIL Conference: Mass and Class Claims in Arbitration will be presented from 12:00 noon – 4:30 p.m. in Washington D.C. at the Ronald Reagan International Trade Center. The conference examines the competing trends and future prospects for class and mass claims in litigation and arbitration and features a keynote address by Carolyn B. Lamm (White & Case LLP, Washington, D.C.), past President of the ABA and lead advocate for the 60,000 Italian claimants in Abaclat v. Argentine...
We All Live In Arbitration Land (But We Shouldn’t Have To)
March 31, 2014
“We all live in …” is often part of a solidarity rallying cry, like “We all live in Wisconsin” expressing unity against union busting, or “We all live in Bhopal” showing support after the devastating 1984 gas disaster. ("We all live in a Yellow Submarine" does not count!) So today, we all live in Arbitration Land. If it takes professional dancers to make you understand that you live there too, then so be it. In this case, those dancers would be the Oakland Raider cheerleaders...
March 31, 2014
“We all live in …” is often part of a solidarity rallying cry, like “We all live in Wisconsin” expressing unity against union busting, or “We all live in Bhopal” showing support after the devastating 1984 gas disaster. ("We all live in a Yellow Submarine" does not count!) So today, we all live in Arbitration Land. If it takes professional dancers to make you understand that you live there too, then so be it. In this case, those dancers would be the Oakland Raider cheerleaders...
Arbitration: Be Careful What You Wish For
March 28, 2014
An arbitration decision cannot be overturned merely because the arbitrator commits legal error. Thus, the losing party may be blindsided...
March 28, 2014
An arbitration decision cannot be overturned merely because the arbitrator commits legal error. Thus, the losing party may be blindsided...
Court Removes Arbitrator Over LinkedIn Disclosure Raising Doubt About Impartiality
March 26, 2014
The district court granted a motion to remove an arbitrator from presiding over an ongoing arbitration because of his failure timely to disclose a business pursuit that was likely to give rise to doubt regarding his impartiality. Sussex v. Turnberry/MGM Grand Towers, LLC, No. 08-cv-00773 (D. Nev. Dec. 31, 2013). Two years after his appointment, the arbitrator updated his LinkedIn profile to announce that he had recently refocused his practice to concentrate on the field of Litigation Finance...
March 26, 2014
The district court granted a motion to remove an arbitrator from presiding over an ongoing arbitration because of his failure timely to disclose a business pursuit that was likely to give rise to doubt regarding his impartiality. Sussex v. Turnberry/MGM Grand Towers, LLC, No. 08-cv-00773 (D. Nev. Dec. 31, 2013). Two years after his appointment, the arbitrator updated his LinkedIn profile to announce that he had recently refocused his practice to concentrate on the field of Litigation Finance...
Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings
March 24, 2014
This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost,...
March 24, 2014
This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost,...
BREAKING: SCOTUS Denies Cert on Delaware Business Arbitration Program
March 24, 2014
The US Supreme Court denied certiorari this morning in Strine v. Delaware Coalition For Open Government, Inc., thereby upholding the 3rd Circuit Court of Appeals decision declaring the Delaware Business Arbitration Program unconstitutional for failure to make the arbitration proceedings open to the public. You may recall that Delaware had argued the Delaware Business Arbitration program “would effectively end” if the courts mandated public access to the proceedings. It will be interesting...
March 24, 2014
The US Supreme Court denied certiorari this morning in Strine v. Delaware Coalition For Open Government, Inc., thereby upholding the 3rd Circuit Court of Appeals decision declaring the Delaware Business Arbitration Program unconstitutional for failure to make the arbitration proceedings open to the public. You may recall that Delaware had argued the Delaware Business Arbitration program “would effectively end” if the courts mandated public access to the proceedings. It will be interesting...
NLRB Files Petition for Rehearing in D.R. Horton (Class Arbitration) Case
March 24, 2014
“The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear...
March 24, 2014
“The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear...
FINRA Issues Warning on Bitcoin and Digital Currency
March 23, 2014
The Financial Industry Regulatory Authority issued an investor alert this week about the risks of buying and speculating...
March 23, 2014
The Financial Industry Regulatory Authority issued an investor alert this week about the risks of buying and speculating...
