New York Arbitration Week
November 13-17, 2023
Non-signatories Before and After Arbitration
Compelling Arbitration ~ Enforcing Awards
Program Hosts: Chartered Institute of Arbitrators New York Branch and New York International Arbitration Center
When: Wednesday, November 18, 2020 12:00 – 2:00 P.M. ET
Two distinguished panels will discuss frequently addressed issues related to the role of non-signatories in the arbitral process.
The first panel will examine issues that tend to arise at the outset of a dispute, including whether non-signatories may compel signatories or be compelled to arbitrate under estoppel or related doctrines. This panel also will consider the allocation of responsibility between arbitral tribunals and courts to decide this question in the first instance.
The second panel will examine issues arising in proceedings to enforce awards against non-signatories who participated in the arbitration and against those who first become involved at the award enforcement stage.
The panelists will address issues such as:
- Choice of law and legal doctrines that may be deployed in the United States and elsewhere to permit or compel non-signatories to arbitrate
- The allocation of responsibility among arbitral institutions, arbitral tribunals and courts in deciding who are proper parties to an arbitration
- Matters left unresolved by the U.S. Supreme Court in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637 (2020), a case involving a non-signatory seeking to join a signatory based on the doctrine of equitable estoppel
- Recent developments on these and related issues in jurisdictions outside the United States
- Enforcement of arbitral awards against parties not named in the arbitration, an issue raised in CBF Indústria de Gusa S/A v. AMCI Holdings, Inc., 850 F.3d 58 (2d Cir. 2017)
Richard L. Mattiaccio, FCIArb, C Arb, CIArb NY Branch Chair
Rekha Rangachari, Esq., NYIAC Executive Director
Eric A. Schwartz, MCIArb, Independent arbitrator, Co-chair, NYIAC Global Advisory Board; former Vice-President and Secretary General, ICC International Court of Arbitration
Nancy M. Thevenin, FCIArb, International arbitrator and mediator and Adjunct Professor of Law, St. John’s University School of Law; General Counsel, USCIB
Teddy Baldwin, Partner, Steptoe & Johnson LLP.
Benjamin G. Davis, Professor of Law, University of Toledo College of Law, Former Chair, ABA Section of Dispute Resolution
Teresa Giovannini, Senior Counsel, Lalive (Geneva), Member, NYIAC Global Advisory Board, Member, ICC International Court of Arbitration
Richard Kreindler, Partner, Cleary Gottlieb Steen & Hamilton (Frankfurt), FCIArb, Chair of the Working Group that produced the IBA Rules on Taking of Evidence in International Arbitration (2010)
Victoria Shannon Sahani, Associate Dean of Faculty Development and Professor of Law – Sandra Day O’Connor College of Law at Arizona State University
William H. Taft V, Partner, Debevoise & Plimpton LLP.