Arbitrators’ Authority To Reconsider and Modify Awards Under US Law: Functus Officio and Beyond
Arbitrators’ Authority To Reconsider and Modify Awards Under US Law: Functus Officio and Beyond by Yasmine Lahlou, Andrew L. Poplinger, Silvia Marroquin, Chaffetz Lindsey LLP, with Practical Law Arbitration Law stated as of 20 Sep 2024 • International, USA (National/Federal) An Article summarizing US law […]
Domestic Commercial Arbitration: Issues and Solutions: A Quick Peek At What’s Out There
Report on Major Issues in Domestic United States Arbitration Today I. Introduction: The Landscape of Domestic U.S. Arbitration A. Overview of Arbitrations Purpose and Legal Framework Arbitration, as a method of alternative dispute resolution (ADR), is designed to settle disputes more efficiently, at a lower cost, and more rapidly than traditional court litigation.1 It is […]
How Can Both Arbitrators and the Parties (along with their counsel) Contribute to Making Arbitration Proceedings More Efficient and Cost-Effective?
Key strategies for the arbitrator include: Proactive Preparation: Thoroughly understanding the case before the initial Case Management Conference (CMC). Structured CMCs: Providing detailed agendas in advance and encouraging pre-conference discussions and client participation. Active Discovery Management: Limiting document and e-discovery to what is directly relevant and material. Mid-Arbitration Conference: Facilitating mutual understanding, guiding on relevant […]
Recent Issues of Importance in Domestic United States Arbitration Proceedings
Arbitration in the United States has seen significant developments in recent years, with the Supreme Court playing a particularly active role in shaping its landscape. This essay will explore some of the most important issues impacting domestic arbitration proceedings today, drawing on relevant legal citations to provide context and authority. 1. The Supreme Court’s Pro-Arbitration […]
Motion Practice in Arbitration- A Short Primer
Nelson Edward Timken UA Private Independent Mediator & Arbitrator | International Law September 11, 2024 Should an arbitrator entertain motion practice in an arbitration? Yes, an arbitrator should generally entertain motion practice in an arbitration, but with careful consideration and within the bounds of the arbitration agreement and applicable rules. Here’s why: Benefits of Motion […]