The former chief judge of New York State’s highest court and chair of the New York International Arbitration Centre, Judith Kaye, and Anibal Sabater, partner at Norton Rose Fulbright in New York, take issue with reports that the recent judgment of the Supreme Court of the State of New York in Ruth Bauer v Irving Bauer et al means that parties who arbitrate on a Sunday in New York risk their award being set aside.
Pondering in disbelief her arrival into Wonderland, Alice tells herself: “How queer everything is today. And yesterday things went on just as usual. I wonder if I’ve changed in the night?” In the wake of recent reports regarding the Bauer judgment, has the New York arbitration landscape changed in the
night? The answer is no. Practically speaking, the Bauer judgment will have no bearing on international arbitrations seated in New York.
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Why the ‘Sunday’ case does not impact on international arbitration