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Joinder of Parties Under UNCITRAL Rule 17(5): An Important Efficiency Advance

(This is a condensed Arbitration Commentaries version, without citations, of what may become a longer and more formal article on joinder of new parties in an ongoing international arbitration. The source material for this Commentary consists of the various reports of the UNCITRAL Working Group and the notes of the UNCITRAL Secretariat, which may be […]

Navigating Arbitration Commentaries: A Note on New Features

In the past few weeks, new features have been added to Arbitration Commentaries. Some are for readers’ benefit. Some are for the writer. You will now see the headlines of the three most recent posts preceding the current post, set up as links in the “Recent Posts” area on the right margin. Also, please know, […]

Two New Arbitrability Decisions, Briefly Noted

Today I briefly note two recent arbitrability decisions of US federal district courts, one in Los Angeles and one in Connecticut. In Los Angeles, the Court granted a motion to compel arbitration filed by an affiliate of Roche Pharmaceuticals, and stayed the action pending completion of an ongoing arbitration in Zurich, but did not dismiss […]

A Shift in Attitude About Arbitral Orders for Pre-Award Security?

In a not infrequent scenario in international commercial arbitration, the Claimant seeks to be paid for services rendered or goods delivered or intellectual property licensed to the Respondent, and the Respondent offers a series of defenses and counterclaims that, according to Claimant, are merely contrivances designed to obscure the fact that Respondent is in financial […]

Party’s Right to Appoint Replacement Co-Arbitrator is Inherent in Agreement, US Court Holds

A US district judge in Manhattan held last week that a party’s right to appoint a replacement co-arbitrator upon resignation of its original appointee is inherent in an arbitration agreement that provides for party-appointed arbitrators, even when there is nothing specifically stated about replacement of an arbitrator who resigns. The Court so ruled in an […]

Arbitral Award of Legal Fees Upheld Despite No Specific Grant of Power in the Arbitration Clause

We are reminded by a painstaking recent opinion issued by a federal district judge in Manhattan that New York State arbitration law often will have a very limited role to play when the parties elect to conduct arbitration in New York under a contract that contains a general choice of law provision selecting New York […]

Written Direct Testimony Gains Favor in US Courts: A Precursor for Domestic Arbitration Hearing Practice?

Written witness statements in lieu of oral testimony on direct examination have long been a staple of international arbitration hearing practice.  Civil trial practice in the United States, however, has long followed the custom of oral direct examination of witnesses on each party’s case-in-chief.  Practice in U.S. domestic arbitration has followed the custom in the […]