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The US Supreme Court’s Decision in Rent-A-Center v. Jackson: A Reinvention of Federal Arbitration Law?

    Godfather buffs will remember Johnny Fontane’s contract with the famous bandleader. Don Corleone’s most feared enforcer, Luca Brasi, held a gun to the bandleader’s head, and the Don assured him that either his brains or his signature would shortly be on the contract. The bandleader signed, and Johnny Fontane’s singing career was re-launched. […]

Judicial Interim Measures in Aid of Arbitration: New York’s Muddled Landscape

New York’s arbitration statute, Article 75 of the New York Civil Practice Law and Rules (“CPLR”), addresses in section 7502(c) the circumstances in which a New York court may give a provisional measure in aid of arbitration. Section 7502(c) is a particularly significant provision of state law in the world of international arbitration, given New […]

US Court Rejects Motion to Vacate Investment Treaty Award

  Investment treaty arbitration awards rarely find their way into the US courts for review, as the ICSID Rules under which many such arbitrations occur include their own appellate process (see, in particular, Rules 50 and 52-54 of the ICSID Arbitration Rules concerning annulment proceedings). The grounds for annulment under the ICSID Rules overlap substantially […]

A Note to Readers: Subscribing to Arbitration Commentaries

Dear Readers: As many of you know, I announce new posts on Arbitration Commentaries in a number of Linked In Discussion Groups relating to international litigation and arbitration. Recently many of those announcements may have escaped your attention because the emails you receive from the Linked In groups of which you are a member have […]

“Evident Partiality or Corruption” — The Connection Requirement

“Evident partiality or corruption in the arbitrators” is one of the statutory grounds for vacatur of an arbitration award made in the United States, as provided on Section 10(a)(2) of the Federal Arbitration Act. I take brief note here of a decision this week in the Ninth Circuit US Court of Appeals that usefully reiterates […]

Second Circuit Denies Enforcement of Website Arbitration Clause

The US Second Circuit Court of Appeals last week added an instructive new chapter to the ongoing tug-of-war, in Congress and the courts, over the use of arbitration clauses by consumer products companies avoid liability to consumers. (Hines v. Overstock.com, Inc., 2010 U.S. App. LEXIS 11265 (2d Cir. June 3, 2010)).   Overstock.com is a […]

Independence of Party-Appointed Experts Under the Revised IBA Evidence Rules

A revised and updated version of the International Bar Association Rules for the Taking of Evidence in International Arbitration (“Revised Rules”) is moving rapidly toward formal adoption by the IBA. The draft was published for comment several weeks ago and the comment period ended June 1.   This is the first of perhaps several commentaries […]

Duties of Counsel Regarding Arbitrator Conflicts of Interest

It is essential to the integrity of the arbitral process that arbitrators make complete disclosure, at every stage of the proceedings, of relationships that might reasonably call into question their impartiality or independence in the eyes of the parties. A related principle, less discussed and less articulated in rules and law, is that a party […]