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Understanding UNCITRAL’s Revised Arbitration Rules: A Spectator’s Guide to the Upcoming New York Working Group Session

On the eve of the 52d Session of the UNCITRAL Working Group II (Arbitration and Conciliation), which convenes at the United Nations in New York on February 1 for a five-day deliberation, arbitration practitioners in the United States have just been reminded, by a decision of the influential Second Circuit U.S. Court of Appeals, that […]

Mediator Tactics to Solve the Stubborn Case

(Marc J. Goldstein acts from time to time as a mediator in commercial arbitrations and commercial cases in state and federal courts in the United States. Beginning with this post, Arbitration Commentaries will occasionally be a forum for mediation commentaries as well.) A not unusual dynamic in the mediation of complex cases is that one […]

Post-Award Reconsideration: More Evolved Thoughts on the Second Circuit’s T. Co. v. Dempsey Decision

Dear Readers: In my continuing quest for objective reactions to my non-objective analysis of T. Co. v. Dempsey, with regard to the reconsideration of the award by the arbitrator, I present the following further provisional thoughts. Your comments are most welcome. ****** Parties adopting the ICDR Rules do not agree to arbitrate the issue of […]

Judicial Enforcement of Arbitral Provisional Measures

Judicial enforcement of arbitral provisional measures orders remains an area of considerable uncertainty and anxiety. But United States law on the subject is becoming clearer. On January 15, a federal district judge in Dallas, Texas entered an order based on Section 9 of the FAA confirming as an award a preliminary injunction order entered by […]

Post-Award Reconsideration: Further Comments on the Second Circuit’s Decision in T. Co. v. Dempsey Pipe

Dear Readers: In anticipation of a more formal article to be published elsewhere that will comment upon the T. Co. v. Dempsey decision (2010 U.S. App. LEXIS 893 (2d Cir. Jan. 14, 2010)), and in the interest of the objectivity of that article (this writer was on the losing side of the reconsideration issue), I […]

Post-Award Reconsideration by Arbitrators

Dear Readers: It is not often I have the opportunity to write about my own cases. But today I do. The Second Circuit yesterday decided a case called T. Co. Metals LLC v. Dempsey Pipe. It is found on 2d Cir. website, where you may read/download. The portion of the decision that I hope is […]

A Legislated Solution to the Class Actions Conundrum?

While the arbitration community awaits the Supreme Court’s decision in the Stolt-Nielsen case, US courts and commercial arbitrators continue to wrestle with the suitability of the arbitral forum for class action litigation. In a recent case, the district judge who decided Stolt-Nielsen in the first instance upheld an arbitrator’s clause construction award in a proposed […]

Referring Arbitrability Issues to the Arbitrator

A decision from the Southern District of New York reminds us that an agreement to arbitrate under arbitration rules that give the arbitrator power to rule on her own jurisdiction will be “clear and unmistakable evidence” that the parties intended the arbitrator, not a court, to resolve all issues concerning the existence, validity and scope […]