GE Oil & Gas attorney Michael McIlwrath has brought our attention to the recently released 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process. This study, conducted by the School of International Arbitration at Queen Mary, University of London, and the firm of White & Case LLP,...
Tag Archives: Arbitration
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...
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."...
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....
Tom Stipanowich has called the recent Supreme Court arbitration rulings the "Third Trilogy." The Circuit Courts of Appeals appear to be having trouble interpreting these influential holdings, and are coming up with awkward and inconsistent guidance. Courts of Appeal for at least six Circuits have weighed in during the past 60-90...