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All completed requests will be considered. The Course features a renowned faculty offering predominantly real-time lecture with interactive elements plus a number of simulations and is designed for arbitrators, advocates, in-house counsel and others interested in international arbitration. Upon completion, all attendees will receive a certificate of completion from Columbia Law School and the Chartered Institute.
The twice-daily sessions — at 11 am — pm and 1 pm — pm New York time — are scheduled to facilitate participation by registrants spanning 10 time zones from the West Coast of the US and Canada to the Middle East and Russia.
Course registrations will be limited to promote live, interactive participation by registrants with faculty and colleagues. No sessions will take place in the week of June 14 to allow registrants to attend to work and avoid excessive Zooming. Course directors George A. See Bio Richard L. See Bio Richard F. See Bio Oliver J. Courts have made clear that an arbitral tribunal's interpretation and application of the law are not subject to judicial second-guessing, observing that vacatur of an arbitral award for manifest disregard of the law "is a doctrine of last resort," reserved for "those exceedingly rare instances where some egregious impropriety on the part of the arbitrators is apparent but where none of the provisions of the FAA apply" Duferco Int'l Steel Trading v.
Courts in the US also have shown deference to an arbitrator's interpretation of a contract. According to the US Supreme Court, it is the arbitrator's construction of the contract that was bargained for, and the "arbitrator's construction holds, however good, bad, or ugly" Oxford Health Plans LLC v.
Sutter , S. If the arbitration grants the tribunal the authority to render an award, the award must stand even where the tribunal misidentifies the source of its authority see Salus Capital Partners, LLC v. Moser , F. A party challenging an award based on manifest disregard bears the heavy burden of showing the following:. The arbitrator was made aware of a governing legal principle. The legal principle was well-defined, explicit and clearly applicable to the case.
The arbitrator chose to ignore the law. Goldman v. Architectural Iron Co. An award may not be vacated on grounds of manifest disregard of the law if there is even a "barely colorable justification" for the outcome Wallace v.
Buttar, F. NutraSweet Co. For more information on the grounds on which enforcement of an arbitration award might be challenged, see Practice Note, Enforcing Arbitration Awards in New York: Vacating and Refusing Confirmation of Awards. What are some of the key differences in conducting an international arbitration in New York when compared to the traditionally popular venues such as London or Paris?
The lex arbitri will vary to some degree from seat to seat, of course, just as institutional rules may vary, but there is considerable and growing convergence in practice. In terms of enforcement, in theory, there should be no difference. Under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards New York Convention and arbitration-related treaties and laws in sophisticated seats, international arbitration should proceed largely independent of local law and regulation with the courts willing to act in a supporting role in aid of arbitration.
There are, however, a number of factors that affect how arbitrators handle cases in practice. The most obvious factor is that New York has a deeper-than-usual bench of arbitrators and counsel who know New York and applicable US federal law and who offer a wide range of deep industry expertise.
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