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Archive | Arbitration award

Provider and Arbitrator Immunity for Acting in Their Official Capacities

Once parties have voluntarily agreed to resolve their disputes by arbitration courts have no authority to intervene in the proceeding and only a limited role at the end of the process to determine whether it was tainted in some manner prejudicial to the losing party, and if there is neither taint nor unfairness to confirm […]

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Providers and Arbitrators Immune from Liability for Acting in Their Official Capacities

Blog was originally posted on the NYSBA ADR Section Blog, June 23, 2016. There have lately been a number of decisions around the country with rulings on immunity for arbitrators and providers acting within their official capacities, and it would not be amiss to take a quick tour of the claims and judicial responses to […]

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Architectural Underpinning: Consequences of Violating Provider Rules

First Published in the New York State Bar Association ADR Section Journal, New York Dispute Resolution Lawyer, May 2016 No arbitration decision is complete without the court acknowledging that public policy favors this form of dispute resolution.1 The goal finds particular expression in judges’ restraint from second-guessing arbitrators’ awards.2 The U.S. Supreme Court has held […]

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Unlikelihood of Having an Arbitration Award Vacated

First appeared on the New York State Bar Association, Dispute Resolution Section, “Roundtable” April 22, 2013 Arbitrators naturally express anxiety about having an arbitration award vacated, but in reality it rarely happens. Awards are presumptively legitimate so long as arbitrators “manifest [no] infidelity” to their obligation to “interpret and apply” the parties’ agreement. Steelworkers v. […]

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