I report today on an unusual case, involving a rarely-encountered issue. The case, decided by a U.S. District Judge in New York in the last days of 2008, is Vistra Trust Co. v. Stoffel, 2008 U.S. Dist. LEXIS 106493 (S.D.N.Y. Dec. 29, 2008). The issue: the right of a litigant to transfer [...]
“Do-Overs”: A New Installment in the Law of Reconstituted Arbitral Tribunals
By Marc J. Goldstein
Do-overs are much-discussed in the news, as the President and Chief Justice of the United States decided, in an abundance of caution, to re-enact the administering of the Constitutionally-mandated oath of office in a White House ceremony attended by roughly 500 [...]
Dear Readers
In the coming weeks I will argue a case in the United States Court of Appeals for the Second Circuit that involves a rarely addressed arbitration issue: the power of the arbitrator to make corrections in a final award by issuing an amended final award.
I will therefore not discuss the issue at length in [...]
Non-Party Discovery in Arbitration: The Second Circuit Weighs In
By Marc J. Goldstein
It is an often-overlooked fact that the Federal Arbitration Act (“FAA”) is now a very “old” statute. Enacted in 1925, and not notably amended since then (except to add Chapters 2 and 3, governing matters under the New York and Panama Conventions, [...]
Hall Street Associates v. Mattel, Inc.
and the Uncertain Future of Manifest Disregard of the Law
By Marc J. Goldstein
The decision of the US Supreme Court in Hall Street Associates v Mattel, Inc. , in March 2008, was possibly the Court’s most important ruling on federal arbitration law in this nine-year-old milennium.
The Court [...]