Two Bites of the Arbitral Award Cherry | Case by Case (Ep. 59)

In this episode, Luke is joined by Eva-Maria Mayer, senior associate with ZFZ based in New York. Eva and Luke discuss Smarter Tools Inc. v. Chongqing SENCI Import & Export Trade Co. Ltd. et al., No. 21-724, (2d Cir. Jan. 17, 2023).

Case by Case – episode 59 – Two bites of the Arbitral Award Cherry

With Calum in transit, I was happily joined by Eva-Maria Mayer on the podcast this week. Eva is a Senior Associate in our New York team at Zeiler Floyd Zadkovich.

So we have an AAA arbitral award in NY.

It does not give sufficient reasons for the decision.

In accepting a challenge, the court sends the award back to the arbitrator to provide fuller reasons.

The arbitrator does and the second award is challenged.

Was the original court correct to allow the arbitrator a second bite of the cherry? Or should the court have simply vacated the original award?

Form or substance? An interesting one. Really enjoyed this discussion – thanks for joining, Eva. Hope you, our listeners, get a lot out of this pod.