Paul Bennett Marrow

December 04, 2019 | New York Law Journal

Can a lawyer admitted in New York, in good standing, represent a client in an arbitration taking place in a state where the lawyer isn't admitted to practice law?

By Paul Bennett Marrow

10 minute read

April 24, 2019 | New York Law Journal

Removing an arbitrator is hard, but not impossible. Planning for the eventuality of having to remove is a must.

By Paul Bennett Marrow

9 minute read

May 31, 2016 | New York Law Journal

Paul Bennett Marrow argues that two recent decisions, 'Attia v. Audionamix' and 'NFL Management Council v. Tom Brady,' clarify that it's a good idea for an arbitrator to think twice before precluding evidence as a way to control party misconduct, but there should be room for a rule allowing an arbitrator who deals with misconduct to consider the impact of disruptive behavior as grounds for excluding evidence if the behavior prejudices the rights of other parties to a fundamentally fair hearing.

By Paul Bennett Marrow

10 minute read

October 06, 2014 | New York Law Journal

Paul Bennett Marrow and Craig E. Penn write that a "war" has broken out between those who believe 'AT&T Mobility v. Concepcion' delivers a near death blow to the application of unconscionability under the Federal Arbitration Act and those who believe unconscionability is still viable. As the Supreme Court may not resolve this issue for years, if ever, the authors suggest two viable alternatives available for evaluating the fairness of an arbitration clause.

By Paul Bennett Marrow and Craig E. Penn

11 minute read

August 13, 2014 | New York Law Journal

Paul Bennett Marrow writes: Even though the FAA does not mention a judicial power to supervise, some courts justify intervention to overturn interim arbitral decisions, claiming authority in equity, i.e. to assure the fairness and efficiency of the arbitration process. But while it is possible to enlist the assistance of a court, it isn't easy to do so.

By Paul Bennett Marrow

10 minute read

June 16, 2014 | New York Law Journal

Paul Bennett Marrow writes: Parties have the freedom to structure an arbitration contract to meet their needs. But sometimes parties aren't as clear as one would like. Does the arbitration process allow the arbitrator to independently attempt to do for the parties what they have failed to do without first asking the parties for permission? And assuming permission is sought, if one or more parties objects, can the arbitrator still conduct research?

By Paul Bennett Marrow

10 minute read