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 […]
Archive | Federal Arbitration Act
Punitive Damages in Arbitral Disputes
See Anthology of Commentaries — 2014 Published on the Resolution Roundtable Blog, sponsored by the Dispute Resolution Section of the New York State Bar Association, October 21, 2014. Punitive damages in arbitral disputes may be available as a remedy but the question is, Who gets to decide the issue, court or arbitrator? There have been […]
Choice of Law: Characterization of Facts Determines the Outcome
By Gerald M. Levine on October 9, 2014 in Arbitration, Court intervention, Federal Arbitration Act, New York State Law
Published on the Resolution Roundtable Blog, sponsored by the Dispute Resolution Section of the New York State Bar Association, October 7, 2014. Although there may be no disagreement about the facts, what law applies often depends on how the facts are characterized. An illustration of how characterization of facts determine the outcome is seen in […]
Time Limitations to Confirm Arbitration Award
By Gerald M. Levine on February 3, 2014 in Arbitration, Awards, Federal Arbitration Act, New York State Law
There are time limitations to confirm arbitration awards. The consequences are dire for missing the deadlines. A recent decision from the Third Department, Bianchi v. Katz, 111 A.D.3d 1012 (2013) is a warning against untimeliness in taking steps to confirm an award. Every procedure has its time limitations. A party seeking to stay an arbitration […]
Arbitrators Exceeding Scope of Authority
First published in Dispute Resolution Section Blog of the New York State Bar Association October 15, 2013 (http://nysbar.com/blogs/ResolutionRoundtable/2013/10/) An arbitratator’s conduct or decision must be egregious before an appelate court finds the panel exceeded the scope of authority. Parties in two recent cases, one in the Appellate Division, 1st Department and the other in the […]
Need for Precise Language in Drafting Arbitration Clauses
By Gerald M. Levine on June 26, 2013 in Arbitration, Awards, Court intervention, Federal Arbitration Act, New York State Law
Need for Precise Language in Drafting Arbitration Clauses first appeared on the New York State Bar Association, Dispute Resolution Section, “Roundtable” June 24, 2013 Parties elect arbitration but tend not to craft their language in drafting arbitration clauses. This is a common mistake as parties learn from court decision. Case law instructs just how important […]