New York Arbitration Week

November 15-19, 2021

Getting It Right in International Arbitration

Program Host: CIArbNY and NYIAC
When: Wednesday, November 17, 2021
12:00
p.m. – 2:00 p.m.

 

This session is a collaboration of the New York Arbitration Week 2021 Co-Hosts, the New York International Arbitration Center (NYIAC) and the Chartered Institute of Arbitrators New York Branch (CIarbNY).

Panel One

Title: Getting it Right: How Arbitrators, Counsel and Institutions Can Improve the Quality of the Arbitral Process

Description:

This panel of leading arbitrators and counsel will explore possible ways to improve the quality of what we deliver to users of the arbitration process. In particular, what can stakeholders – arbitrators, counsel and arbitral institutions – do to build party trust and confidence in international arbitration.

  • What obligations (if any) do counsel have as advocates in a case to improve the quality of the arbitral process?
  • What arbitrator best practices can enhance the decision-making process and the conduct of an arbitration so as to increase the likelihood of getting the process and award “right”?
  • Should arbitral institutions contribute to the quality of the tribunal’s award and if so, how?

A request for CLE credit is pending for NY.  To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.

A request for CLE credit is pending for NY.  To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.

Moderator

Professor Gabrielle Kaufmann-Kohler; Partner, Lévy Kaufmann-Kohler; Geneva, Switzerland

 

Speakers

Adriana Braghetta; Independent Arbitrator, Adriana Braghetta Advogados; São Paulo, Brazil

Dyalá Jiménez Figueres; Independent Arbitrator, DJ Arbitraje; San José, Costa Rica

Joseph E. Neuhaus, FCIArb; Partner, Sullivan & Cromwell LLP; New York, NY, USA

Elliot E. Polebaum; Independent Arbitrator, Polebaum Arbitration; Washington, D.C., USA

This session is a collaboration of the New York Arbitration Week 2021 Co-Hosts, the New York International Arbitration Center (NYIAC) and the Chartered Institute of Arbitrators New York Branch.

Panel Two

Title: Getting it Right: Should the Functus Officio Rule be Reformed?

Description:

Under the common law doctrine of functus officio, courts have barred arbitrators from correcting errors in their final awards. The rules under which most commercial arbitrations are conducted generally, expressly forbid arbitral tribunals from correcting anything other than clerical, typographical or computational errors.

Should there be a different approach for partial final awards?

Does the functus officio doctrine lead to more set-aside applications to courts?   Does it lead to more incorrect awards?

Should institutional providers revise their rules to permit substantive corrections, and, if so, under what circumstances?  Could the parties address this in the organization of the arbitration?

What about draft awards? Would that improve the quality of the result?

A request for CLE credit is pending for NY.  To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.

Moderator

Richard F. Ziegler, FCIArb; Independent Arbitrator, Acumen ADR; New York, NY, USA

 

Speakers

Martin F. Gusy; Partner, Bracewell LLP; New York, NY, USA

Eduardo Silva Romero; Partner & Co-Chair of International Arbitration Global Practice, Dechert LLP; Paris, France

Professor Janet Walker, C.Arb, FCIArb; Independent Arbitrator, Arbitration Place and Outer Temple Chambers & York University Osgoode Hall Law School; Toronto, Canada

Professor Anne Marie Whitesell; LLM Program & Faculty Director, Program on International Arbitration and Dispute Resolution, Georgetown Law School; Washington, D.C., USA