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New Jersey Law Journal

Two Steps Forward, One Step Back on Arbitration

We can only be thankful that this decision was not in a published, precedential opinion and cannot be cited for the logic it employed.
5 minute read

New York Law Journal

Your Officio Might Not Be as Functus as You Were Led to Believe

In most instances, functus officio prevents further action by the tribunal, meaning that the parties—to their dismay, or delight, depending on their position in the case—are stuck with the award, even when the arbitrators have acknowledged the award contained an error and would like to correct it. A recent Second Circuit decision, however, shows that this doctrine is not necessarily as limited as many may believe.
9 minute read

New York Law Journal

When Baseball, Television and Arbitration Collide

A discussion of the recent decision in Matter of TCR Sports Broadcast Holding v. WN Partner, where the New York State Court of Appeals ended a nine-year battle in the New York State courts between the Washington Nationals and the Baltimore Orioles concerning their respective rights to profits and fees earned from telecasting games. Judge Judith Gische writes: "You are probably thinking—it took nine years in the courts for this matter to be resolved and while it did not fulfill arbitration's goal of expediency, at least the matter is over. Think again."
10 minute read

Law.com

A Movement Builds to Diversify Special Masters, Starting With the Name

"No one really likes having a master, except a St. Bernard," said Merril Hirsh, executive director of the Academy of Court-Appointed Neutrals.
7 minute read

New York Law Journal

Virtual Arbitration Hearings Carry Distinct Risks

The chaos of the early pandemic days continues to resonate. As a result, many judges looked for other avenues to offload their dockets—including virtual arbitration hearings.
6 minute read

The Legal Intelligencer

Can You Prevent the Arbitrator From Awarding Statutory Damages and Attorney Fees?

Bob's approach to arbitrators and punitive damages. Bob always encourages his clients to avoid litigation by using "well drafted" arbitration provisions in their contracts. Fearing runaway awards, Bob routinely incorporates a "no punitive damage award" provision when he drafts arbitration agreements.
6 minute read

Daily Report Online

Eleventh Circuit Switches Stance on Grounds for the Vacatur of Nondomestic Awards

Regarding one case involving how the Federal Arbitration Act, four circuits (the Second, Third, Sixth and Tenth), the Eleventh Circuit at first sided with Chapter 1 vacatur grounds apply to nondomestic awards but later changed its mind.
4 minute read

International Edition

Japanese Law Firm to Join Forces With Drew & Napier to File Credit Suisse Bond Arbitration Against Swiss Government

Masuda & Partners Law Office and Drew & Napier are aiming to file an arbitration case against the Swiss government at the start of the third quarter of this year. 
3 minute read

Law.com

No Longer 'Reasonable'? Colorado Appeals Court Wrestles With Constructive Notice Via Emailed Arbitration Agreement

"[B]ecause Americans interface with their financial institutions in different ways from the strictly paper era, who the 'reasonable person' is in a digital age needs to be updated," Judge Sueanna P. Johnson wrote in a concurring statement. "But this standard cannot be updated until laws are changed to reflect the evolving banking norms of Americans by restricting or prohibiting financial institutions from notifying consumers that they have updated terms and conditions in an email concerning one's monthly statement."
5 minute read

The Legal Intelligencer

Consider Binding Mediation for Your Persnickety Construction Disputes

As the old saying goes, "Sometimes it is more important for some things to be decided than to be decided correctly." As the saying recognizes, the efficiency in achieving resolution is sometimes just as important as the substantive resolution itself.
8 minute read

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