The Second Circuit recently affirmed the confirmation of an arbitrator’s decision dismissing claims on statute of limitations grounds against a claim that the arbitrator had no authority to consider such a defense and affirmed an order by the district court enjoining the plaintiff from attempting to once again refile his state court complaint regarding the dispute.
In accordance with prior decisions, Matthew Swain’s claims against Hermès of Paris Inc. were referred to arbitration. The arbitrator then granted Hermès’ motion to dismiss on the ground that Swain’s claims were time-barred. Swain responded by asking the district court to vacate the arbitrator’s dismissal on the ground that the arbitrator lacked the authority to consider Hermès’ statute of limitations defense. The district court declined to do that and instead…
Read the complete story here.
In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about advice for teachers of arbitration who are looking to connect students with practice,...By Steven Shapiro, Imre Szalai, Erin Archerd, Amy Schmitz
In case you missed them, here are the Top 10 Highlights of Arbitration in 2021 to look back on as we kick off 2022! Highlight #10 - The Amazon 'about-face',...By Amy Schmitz