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All articles tagged '"New York"'
85 articles found
GUEST-POST PART II: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 30, 2011
By S.I. Strong Another aspect of the consent analysis involved the question of whether this sort of mass claim was permitted under the ICSID Convention and the Argentina-Italy BIT. See id. ¶¶ 467-92. This posed an interesting dilemma, given that both documents are silent on the issue of mass proceedings. Perhaps unsurprisingly, the tribunal’s inquiry was reminiscent of the type of analyses that arise in the class arbitration context with respect
GUEST-POST PART I: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 29, 2011
By S.I. Strong On August 4, 2011, a preliminary award on jurisdiction was rendered in Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5. The nearly 300-page award, which is available here, addresses a number of concerns, such as whether the dispute falls within the scope of the relevant bilateral investment treaty (BIT) and whether the claims are contractual or treaty-based. Many of these issues are not themselves unique,
New York Legislature Considers Adding Bias Ground for Vacation of Arbitral Awards
By Victoria VanBuren - August 11, 2011
As reported by the ADR Prof, the New York legislature is considering a bill (S. 5798-2011) that would amend New York’s Civil Practice Law & Rules §7511(b)(1)(ii) on Award vacaturs to state (new language in ALL CAPS): (ii) partiality of an arbitrator appointed as a neutral, except where the award was by confession; OR WHERE THE ARBITRATOR HAS BEEN AFFILIATED IN ANY WAY WITH ANY PARTY TO THE ARBITRATION, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES
American Review of International Arbitration | Arbitration and National Courts: Conflict and Cooperation
By Victoria VanBuren - July 27, 2011
The American Review of International Arbitration, a law review by the Parker School of Foreign and Comparative Law at Columbia University published recently a hardback issue with papers presented at the University of Texas symposium back in May of 2010, on the theme, “Arbitration and National Courts: Conflict and Cooperation.” (previews of the conference papers are here). The issue includes papers by luminaries such has Michael Reisman of Yale, P
GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 26, 2011
By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.
GUEST-POST PART II | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 25, 2011
By S.I. Strong In an opinion that was seen as a victory for corporate America, the Supreme Court upheld the waiver on the grounds that the California law was inconsistent with the FAA. As a result, the Concepcions could not initiate class proceedings and were required to have their dispute heard in individual arbitration. On its face, the opinion presents itself as a run-of-the-mill statutory analysis. However, the underlying sense is that the ju
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 24, 2011
By S.I. Strong AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), always promised to be an interesting case. Not only did the dispute concern class arbitration, one of the most controversial procedural devices to develop in recent years, it did so in a way that set corporate interests squarely against states’ rights. Given that several Supreme Court Justices who are perceived as supporting big business also appear to favor federalist cau
Accountable Care Organization (ACO) Regulations Proposed
By Beth Graham - April 4, 2011
by Holly Hayes Last week, The New York Times reported the Obama administration has proposed long-awaited Affordable Care Act (the Act) regulations “encouraging doctors and hospitals to band together, coordinate care and cut costs,” through the formation of Accountable Care Organizations (ACOs). In return for this collaboration, the government is offering financial rewards to health care providers that meet detailed federal standards w
N.D. of Texas Issues Temporary Restraining Order Enjoining FINRA Arbitrations
By Beth Graham - March 7, 2011
The Northern District of Texas has issued a Temporary Restraining Order enjoining multiple arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). In Billitteri v. Securities America Inc., et al., No. 3:09-CV-01568-F and related cases, (N.D. Tex., February 18, 2011), a group of representative plaintiffs in a class action lawsuit jointly filed a Motion for Preliminary Approval of a partial class action settlement with s
Collaboration Needed to Improve Health Care Delivery System
By Holly Hayes - February 18, 2011
by Holly Hayes According to an American Hospital Association (AHA) News report, Don Berwick, M.D., Administrator of the Centers for Medicare & Medicaid Services, testified on February 10, 2011, at a House Ways and Means Committee hearing on the impact the Patient Protection and Affordable Care Act (PPACA) will have on Medicare. Dr. Berwick, said: “building an improved Medicare program and health care delivery system must be a collaborat
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