Matthew H. Adler, a partner with Pepper Hamilton and chair of the firm's International and Domestic Arbitration Practice Group and a co-chairman of the Commercial Litigation Practice Group, was quoted in the June 12, 2017 Law360 article, "NY Court Nix of ICC Award Spotlights 'Manifest Disregard.'"
"New York as a seat could be particularly imperiled given that there is a circuit split and not all circuits are nearly as pro-manifest disregard as is the Second Circuit," said Pepper Hamilton LLP partner Matt Adler. "This decision is the worst case scenario that flows from a manifest disregard jurisdiction."
The arbitrators were well-informed of the arguments on each side of the issue. They ignored nothing," Adler said. In addition to Kimmelman, the tribunal was composed of co-arbitrators Arnold S. Schickler and Jonathan D. Schiller. "They simply came out differently than the judge plainly would have on the question of whether a fraud and contract claim can be brought on the same basic facts. That’s a classic dispute of law."