Experienced arbitrators and counsel well know that the FAA provides that an award may be vacated where it was procured by “undue means,” or the arbitrator was guilty of “misbehavior,” or “imperfectly executed” his or her powers. 9 U.S.C. § 10 (a)(1), (3), and (4). If you have thought to yourself that “nothing like that will ever happen to me,” using generative AI should make you think again as illustrated by three 2025 appellate cases in which non-existent cases were cited. In Kohls v. …
sanctions
Sanctions in Commercial Arbitration
As a matter of practice, arbitrators rarely impose sanctions, although sometimes the need arises. This article discusses the tools arbitrators can use to respond to sanctionable behavior in arbitration. (Reprinted with permission from the December 20, 2022 issue of The New York Law Journal © 2022 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.) *The views expressed are those of the author and do not necessarily reflect …
