A panel at the ABA Annual Meeting in Chicago once again engaged in "Myth Busting," using facts and logic to dispel many of the notions that, without factual basis, encumber user perceptions of arbitration. Among these are that arbitrators "split the baby" and that arbitration is as costly and lengthy as...
The Second Circuit Court of Appeals recently had occasion to find fault in a district court determination of arbitral authority to rule on the scope of an international arbitration agreement. But the Court of Appeals nevertheless affirmed the tribunal award on the ground that clear and unmistakable evidence of an...
The District Court for the Southern District of New York has awarded attorney's fees to a party who incurred those expenses responding to a motion to vacate an arbitration award, upon a finding that the motion was brought without any legal basis, and constituted "a largely dilatory effort."...