The Authority of the Arbitrators to Interpret the Rules Under Which the Arbitration is Conducted

Types : Bylined Articles

In its January 14, 2010 decision, T.Co Metals LLC v. Dempsey Pipe & Supply, Inc., 592 F.3d 329 (2d Cir. 2010), a three judge panel of the Second Circuit ruled unanimously that the sole arbitrator in the underlying arbitration was acting within the scope of his authority under the American Arbitration Association’s International Centre for Dispute Resolution (“ICDR”) rules when he corrected certain “clerical” errors in calculation of damages due Dempsey Pipe & Supply, Inc. (“Dempsey”). In the briefing before the Court of Appeals, neither party found any case authority directly addressing the arbitrator’s authority to interpret the ICDR rules. Thus, the case now provides guidance to parties and arbitrators in this area.

To read the full article, see page 19 of the attachment.