Replacement of a Deceased or Disabled Arbitrator: Is American Law Out of Step?
Article from: TDM 1 (2010), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Contemporary international arbitration rules generally provide for the replacement of an arbitrator who becomes deceased or resigns due to illness during the proceedings, and the extent to which proceedings must be repeated is, under these rules, generally left to the discretion of the reconstituted Tribunal. But United States law, particularly in the influential federal Second Circuit Court of Appeals in New York, generally holds that such resignation of a party-appointed arbitrator requires a new start before a new tribunal. In this article, Marc Goldstein discusses a recent ...