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In Arbitration Procedure

New Year, New Policies: ICC to bolster arbitrator efficiency and transparency in arbitrations

by and 3 Mins Read

Effective from 1 January 2016, the International Court of Arbitration at the International Chamber of Commerce (“ICC”) has introduced two new and innovative policies in response to user demands for greater efficiency and transparency in arbitration. The ICC shall: publish the names and nationalities of arbitrators; andreduce arbitrators’ fees for unjustifiable delay in submitting draft awards, with corresponding power to increase arbitrators’ fees for efficient case management. Publication of arbitrators’ details The names of arbitrators…

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In Brazil

The International Institute for Conflict Prevention and Resolution (CPR) Announces New Y-ADR Steering Committee for 2016

by and 2 Mins Read

On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program (“Y-ADR”) – press release. The new Steering Committee includes Andy Moody, a Dispute Resolution partner in the London office of Baker and McKenzie and Luis Peretti, associate at the São Paulo office of Trench Rossi e Watanabe Advogados, both of whom have co-authored this post. CPR is an independent nonprofit organization that, for more than 35 years,…

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In North America

USA: Third Circuit Denies Vacatur Where Party Could Have Discovered Arbitrator Misconduct

by 3 Mins Read

In Goldman, Sachs & Co. v. Athena Venture Partners, L.P., No. 13-3461 (3d Cir. Sept. 29, 2015), the Third Circuit held that parties must challenge an arbitrator’s presence on the arbitration panel prior to the panel’s ruling on the dispute if they are on constructive notice that a basis exists to disqualify an arbitrator during the dispute. Therefore, vacatur of an award was denied where the party could reasonably have discovered arbitrator misconduct during the arbitration…

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In Arbitrability

USA: Second Circuit requires stay rather than dismissal after compelling arbitration

by 3 Mins Read

In a July 28, 2015 decision in Katz v. Cellco Partnership, dba Verizon Wireless, 794 F.3d 341 (2d Cir. 2015), the U.S. Court of Appeals for the Second Circuit confirmed that a court should stay, rather than dismiss, a proceeding upon a party’s request after granting a motion to compel arbitration. Plaintiff Michael Katz brought suit in the U.S. District Court for the Southern District of New York asserting state law claims for breach of contract and consumer fraud against Verizon Wireless…

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