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New York Court Denies Petition to Appoint Arbitration Umpire in Retrocession Dispute
September 30, 2014
Odyssey Reinsurance Co. petitioned the court to appoint an umpire to serve in arbitration with its retrocessionaries, certain Lloyd’s underwriters and Reliastar Reinsurance Group, over a disputed reinsurance claim. Odyssey argued that arbitration had been unduly delayed due to what it contended were poorly qualified candidates proposed by the retrocessionaires. The court held that Odyssey’s arguments were insufficient to obtain relief from the court at that time, and that in its view, there had “not...
September 30, 2014
Odyssey Reinsurance Co. petitioned the court to appoint an umpire to serve in arbitration with its retrocessionaries, certain Lloyd’s underwriters and Reliastar Reinsurance Group, over a disputed reinsurance claim. Odyssey argued that arbitration had been unduly delayed due to what it contended were poorly qualified candidates proposed by the retrocessionaires. The court held that Odyssey’s arguments were insufficient to obtain relief from the court at that time, and that in its view, there had “not...
That’s Not Fair and You Are O.K. With That
September 30, 2014
What if I told you that fairness is not necessarily something that people are looking for in life’s activities, would you agree? The reality is that research suggests that people are strongly influenced by their self-interest and not by the sense of fairness. One study found that unlike a situation where a person gets the lesser end of a bargain and complains about fairness, when people get the better end of the bargain they don’t complain about it. They don’t consider it to be unfair. The...
September 30, 2014
What if I told you that fairness is not necessarily something that people are looking for in life’s activities, would you agree? The reality is that research suggests that people are strongly influenced by their self-interest and not by the sense of fairness. One study found that unlike a situation where a person gets the lesser end of a bargain and complains about fairness, when people get the better end of the bargain they don’t complain about it. They don’t consider it to be unfair. The...
If You Can’t Beat ‘Em, Join ‘Em? How Sitting by Designation Affects Judicial Behavior
September 29, 2014
Judges, lawyers, and scholars have long decried the high reversal rate district judges face in patent cases. Many have suggested greater district court specialization as a solution, and Congress in 2011 enacted legislation to promote such specialization. In this paper, we investigate the impact of a novel measure of experience – whether a district court judge has sat by designation on a Federal Circuit panel in a patent claim construction appeal – on the likelihood a district judge’s subsequent...
September 29, 2014
Judges, lawyers, and scholars have long decried the high reversal rate district judges face in patent cases. Many have suggested greater district court specialization as a solution, and Congress in 2011 enacted legislation to promote such specialization. In this paper, we investigate the impact of a novel measure of experience – whether a district court judge has sat by designation on a Federal Circuit panel in a patent claim construction appeal – on the likelihood a district judge’s subsequent...
Judge Finds Argentina in Contempt in Bond Payment Case [Arising From Arbitration Award]
September 29, 2014
For more than a year, Judge Thomas P. Griesa of Federal District Court in Manhattan has warned that Argentina would suffer repercussions if it defied his orders regarding payments to bondholders. On Monday, the judge put some teeth behind those warnings when he ruled that the nation was in contempt of the court. He stopped short of issuing sanctions, saying he would make a decision about them in the future. Speaking firmly, Judge Griesa indicated that the Republic of Argentina had gone a step...
September 29, 2014
For more than a year, Judge Thomas P. Griesa of Federal District Court in Manhattan has warned that Argentina would suffer repercussions if it defied his orders regarding payments to bondholders. On Monday, the judge put some teeth behind those warnings when he ruled that the nation was in contempt of the court. He stopped short of issuing sanctions, saying he would make a decision about them in the future. Speaking firmly, Judge Griesa indicated that the Republic of Argentina had gone a step...
The Problem of Repeat Arbitrators in Investment Arbitration
September 29, 2014
The very nature of an arbitrator requires that she or he be imbued with the principles of independence and impartiality, qualities that should never be doubted. Nonetheless, there has recently been an increased number of challenges to arbitrators in Investment Arbitrations subject to the procedures of the International Centre for Settlement of Investment Disputes (the “ICSID”). There is a strong view that the ICSID arbitrators appear to be earning an unfortunate reputation as lacking in the aforementioned...
September 29, 2014
The very nature of an arbitrator requires that she or he be imbued with the principles of independence and impartiality, qualities that should never be doubted. Nonetheless, there has recently been an increased number of challenges to arbitrators in Investment Arbitrations subject to the procedures of the International Centre for Settlement of Investment Disputes (the “ICSID”). There is a strong view that the ICSID arbitrators appear to be earning an unfortunate reputation as lacking in the aforementioned...
The Only Thing That’s Constant is Change
September 29, 2014
All too often, negotiators have their set plan and stick to it no matter how inappropriate it ends up being, resulting in a failure to reach a resolution and the relationships between the parties may have taken a step backward. Perhaps you made false assumptions about what the other party wants and why. Take time to openly communicate with the other party to make sure you have a firm grip on the other party’s perspectives and what they will need to make an agreement possible. You may have...
September 29, 2014
All too often, negotiators have their set plan and stick to it no matter how inappropriate it ends up being, resulting in a failure to reach a resolution and the relationships between the parties may have taken a step backward. Perhaps you made false assumptions about what the other party wants and why. Take time to openly communicate with the other party to make sure you have a firm grip on the other party’s perspectives and what they will need to make an agreement possible. You may have...
Fifth Circuit Holds Remand to Arbitration Non-Appealable
September 29, 2014
The appeal arose from a lawsuit to clarify an arbitration award concerning an alleged breach of a corporate merger agreement containing a binding arbitration clause. The federal district court found the arbitration panel had exceeded its authority under that arbitration clause by failing to provide sufficient findings of fact and conclusions of law regarding a damages claim. The district court therefore remanded the case back to the panel for consideration of that issue and clarification of the award....
September 29, 2014
The appeal arose from a lawsuit to clarify an arbitration award concerning an alleged breach of a corporate merger agreement containing a binding arbitration clause. The federal district court found the arbitration panel had exceeded its authority under that arbitration clause by failing to provide sufficient findings of fact and conclusions of law regarding a damages claim. The district court therefore remanded the case back to the panel for consideration of that issue and clarification of the award....
Another Problem with Arbitration: Panel Bias
September 29, 2014
Sunday's New York Times has a story by Gretchen Morgenson on the front page of its Business Section that illustrates an additional...
September 29, 2014
Sunday's New York Times has a story by Gretchen Morgenson on the front page of its Business Section that illustrates an additional...
Why Saving Work for Tomorrow Doesn’t Work
September 28, 2014
Do you frequently tell yourself that you’ll do better “next time” and then don’t change when the time comes? Do you often decide to do something “later” only to find that it never gets done? If you answered “yes” to either one of these questions, you’re probably ignoring the fact that your behavior today is a strong indicator of your behavior tomorrow. You’re not alone. In The Willpower Instinct, Kelly McGonigal shares how, in a research study, participants were much less...
September 28, 2014
Do you frequently tell yourself that you’ll do better “next time” and then don’t change when the time comes? Do you often decide to do something “later” only to find that it never gets done? If you answered “yes” to either one of these questions, you’re probably ignoring the fact that your behavior today is a strong indicator of your behavior tomorrow. You’re not alone. In The Willpower Instinct, Kelly McGonigal shares how, in a research study, participants were much less...
Judiciary, GSA Begin Dialogue on Rent, Maintenance
September 28, 2014
The federal Judiciary and the General Services Administration (GSA) are launching an important new dialogue on space and rent management, at a time when the U.S. government’s landlord and one of its largest tenants are both grappling with a new era of downsizing. The discussions, called the GSA-Judiciary Service Validation Initiative, will start Sept. 10, and focus on highly detailed topics, such as appraisal and classification methods for court buildings, reducing energy costs, and managing...
September 28, 2014
The federal Judiciary and the General Services Administration (GSA) are launching an important new dialogue on space and rent management, at a time when the U.S. government’s landlord and one of its largest tenants are both grappling with a new era of downsizing. The discussions, called the GSA-Judiciary Service Validation Initiative, will start Sept. 10, and focus on highly detailed topics, such as appraisal and classification methods for court buildings, reducing energy costs, and managing...
