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International Edition

'I'm Hesitant to Paint a Rosy Picture': ICC's Arbitration Secretary General On Pride Month

As the industry marks Pride Month, Alexander Fessas shares his thoughts on LGBTQIA inclusion within the legal industry.
6 minute read

Daily Report Online

As 'Nuclear Verdicts' Rise in Georgia, Consider the Role of Arbitration

Companies doing business in Georgia not only need to be aware of the risks of facing significant verdicts, but affirmatively undertake mitigating factors to try and reduce them. One way to mitigate the risk of unreasonably high jury verdicts is to include arbitration provisions in your contracts.
5 minute read

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

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