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…
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In this episode of the Arbitration Conversation Amy interviews Stephen J. Ware, the Frank Edwards Tyler Distinguished Professor of Law at the Kansas University School of Law. https://youtu.be/efCM0NMkpYc
By Stephen Ware, Amy SchmitzThe School of International Arbitration at Queen Mary University of London in collaboration with White & Case LLP prepared the “2021 International Arbitration Survey: Adapting arbitration to a changing world”...
By Cemre Kadioglu, Dr. Martin BeckmannIn this episode of the Arbitration Conversation, Amy interviews Janet Martinez, Director, Gould Negotiation and Mediation Program; Director, Gould Alternative Dispute Resolution Research Initiative at Stanford Law School about dispute...
By Janet Martinez, Amy Schmitz
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