X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

mediationAngela represents a claimant in an Ad Hoc arbitration. The arbitration clause incorporates the Commercial Rules of the American Arbitration Association. It’s been eight weeks since Angela made a motion asking the arbitrator to clarify her client’s discovery rights and in particular whether or not claimant could conduct multiple depositions. Angela has spoken to her adversary and asked if she would support a joint inquiry about the status of the motion. She refused. What can and should Angela do?

Both the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA) and the CPLR (Article 75) allow for review of an arbitrators conduct once an award has issued.  See 9 U.S.C. §10 and 75 CPLR §7511. Both make provision for the appointment of an arbitrator if the parties have failed to do so, or a vacancy occurs. The FAA doesn’t speak to what might happen if an arbitrator “fails to act.” The CPLR allows removal for a failure to act and courts cite an “inherit power to disqualify an arbitrator before an award has been rendered. Astoria Medical Group v. Health Ins. Plan, 11 N.Y.2d 128, 132 (1962)

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.