The May 2013 issue of the IBA Dispute Resolution Section's journal, Dispute Resolution International, has a concise and compelling article by Mark H. Alcott addressing "Post-Award Attacks on Arbitrators." The title speaks for itself: the author is harshly critical of challenges to arbitral impartiality that are first asserted after an...
We have noted in various prior posts the confusion that has marked the introduction of commercial mediation in Italy. Not long ago all Italian lawyers went on strike to protest the provision that parties could settle claims without the participation of counsel. Recently we have heard about the ramifications of...
Efforts to challenge the enforceability of settlements that are obtained through mediation almost always yield uncomfortable outcomes. A recent New Jersey Appellate Division decision is no exception....
We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect. Recently the Second Circuit...
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."...
Amid the confusion of various holdings on arbitrability, and who decides arbitrability, and how parties decide who decides arbitrability, comes a lucid and calm opinion from the Superior Court of New Jersey Appellate Division in Merrill Lynch v. Cantone Research....