Announcements
The co-authors of the August 12th article have received a Notice sent on behalf of the Presiding Arbitrator, from his and his firm's legal counsel. In the interest of transparency, that Notice is available HERE. The co-authors hereby confirm that they stand by the analysis made in the August 12th article.
The Olympics Chiles Arbitration Debacle, Part 5: Neutrality, Independence & the CAS Opinion has been published in CPR Speaks (September 27, 2024)
Prof. Benjamin Davis published The Olympics Chiles Arbitration Debacle, Part 4: When is an Arbitral Award an Arbitral Award in CPR Speaks (September 21, 2024)
The Olympics Chiles Arbitration Debacle, Part 3: A Sham Award Following a Sham Arbitration has been published in CPR Speaks (August 22, 2024).
Prof. Benjamin Davis published The Olympics Chiles Arbitration Debacle, Part 2: The Paris Screw Job in CPR Speaks (August 19, 2024).
Dr. Simpson was quoted in "Head of Panel that Rules Against Jordan Chiles Represents Romania in Other Cases" - The New York Times (August 13, 2024).
"The issue is whether an Olympic arbitrator who currently represents a country on the global stage can decide a case involving a gymnast of that country, in an unbiased manner," three arbitration experts wrote in an opinion published on the Institute for Conflict Prevention's website. "Is it realistic to expect such arbitrator can decide against the interests of that country or of that country's gymnast...?"
Katherine Simpson, an international arbitrator and one of the authors of the opinion piece that first disclosed Mr. Gharavi's work for Romania, said that even if none of the parties objected, his work on behalf of Romania was significant and mean he would automatically have had to recuse himself under the IBA's so-called red list of non-waivable activities.
"I don't understand - especially given the visibility of the case - why he was proposed for this case and why he did not refuse the case when it was offered," said Ms. Simpson, who is not connected to the case.
BREAKING-Did Romania's Lawyer Strip Jordan Chiles of a Bronze Medal? has been published in CPR Speaks (with Benjamin G. Davis and Odette Lagace) (August 12, 2024).
The American Bar Association Dispute Resolution Section Women in Dispute Resolution (WIDR) Committee and Dr. Simpson will be honored at the upcoming ABA Dispute Section Conference, with the "Outstanding Committee" award!
Dr. Simpson joined the Scheinman Institute on Conflict Resolution at Cornell University's School of Industrial and Labor Relations as a postdoctoral associate, where she teaches alternative dispute resolution in the 2023-2024 year.
CETA - Where Are the Women? Diffusing the Thought Terminating Cliches That Impeded Diversity in SUSTAINABLE DIVERSITY IN INTERNATIONAL ARBITRATION (Edward Elgar Publishing, 2022) (with Anthony S. Marcum) has been published!
Dr. Simpson was included in the Compendium of Unicorns - a publication by Mute-Off Thursdays that highlighted senior women arbitrators.
Dr. Simpson has been appointed to serve as Chair of the American Bar Association's Section of Dispute Resolution's Women in Dispute Resolution ("WIDR") Committee.
Dr. Simpson has joined the College of Commercial Arbitrators (CCA) as a Fellow.
Dr. Simpson presented in the Maryland State Bar Association (MSBA), Virtual Legal Summit Series, "Diversifying Neutral Panels: Let's Get It Done" (September 1, 2022)
Dr. Simpson was quoted in "Arbitrator Group Wants More Diversity in Dispute Resolution" - Law360 (August 10, 2022)
"[...] Maybe arbitration will be like every other major industry that seriously benefits from diversity, and has found a correlation between diverse teams and lowered costs, increased speeds, and improvements in innovation."
The Ray Corollary Initiative, where Dr. Simpson served as Vice Chair from 2021 - 2024, was short-listed for a GAR Award 2022 in the Pledge category!
Dr. Simpson was quoted in "BigLaw Heavyweights' Feud Highlights Legal Quagmire - Law360 (February 9, 2022)
"The remedies available in arbitration, including the threat that the arbitrator could draw negative inferences or make an adverse cost award against a party, could do little to compel an unrelated nonparty - someone who never consented to arbitrate in the first place - to participate...
But, and as recognized in the parties' briefs, parties choose arbitration in part because arbitrators do not have the same power as judges. ... As this case shows, it is not a foregone conclusion that a court will intervene to provide the additional judicial muscle that is otherwise unavailable in arbitration."
The Ray Corollary Initiative published its End-of Year Report, 2021. Dr. Simpson was elected to serve as Vice Chair of the Ray Corollary Initiative in late 2021.
Dr. Simpson was a Panelist and Moderator in the Practicing Law Institute ("PLI") course, "International Arbitration 2021" (June 2021)
Dr. Simpson was the Sole Presenter at the American University Washington College of Law, Summer Conference (June 7, 2021), "Arbitrator Independence and Impartiality in International Commercial and Investment Arbitration"
Eunice Shang-Simpson and Shayda Vance introduced the Arbitrators of African Descent List to ArbitralWomen, with their January article "The New List: Arbitrators of African Descent with a U.S. Nexus"
In "Fireside Chat with ArbitralWomen President Dana MacGrath", panelists Erika Williams and Dana MacGrath highlighted Dr. Simpson's initiative to increase balance on the CETA Roster, which demonstrated that even individual actions make a difference for diversity.
Dr. Simpson presented as part of a panel at the September 8, 2020 USCIB/ICC Event "Uses and Misuses of Tribunal Secretaries." ArbitralWomen Newsletter, Issue 42 . Dr. Simpson provided this sample appointment text to attendees: Sample Appointment of Administrative Secretary for ICC Cases, September 2020
Global Arbitration Review, "New US List Promotes Arbitrators of African Descent" (4 September 2020)
Dr. Simpson's work in response to the gender imbalance in the CETA List of Arbitrators was cited by the International Council for Commercial Arbitration's Report of the Cross-Institutional Task Force on Gender Diversity in International Appointments and Proceedings, The ICCA Reports No. 8 (2020).
"Simpson analyzed the credentials of the individuals nominated to the roster and prepared a list of 70 equally qualified women who were similarly eligible to be placed on the list. She noted that 'there is no shortage of qualified women in international trade law, or in international dispute resolution, generally.' ... the CETA example nevertheless shows that there are occasions where women are failing to be given the same opportunities to obtain arbitral appointments as their male counterparts."
Barry Leon, "Chairpersons for CETA state-to-state disputes. Where are the women, Canada?", The Lawyer's Daily, 10 March 2020
Dr. Simpson's work in response to the gender imbalance in the CETA List of Arbitrators, "CETA - Where are the Women", was shortlisted for a GAR Award. Global Arbitration Review, GAR Awards 2020 - the Pledge Award (19 February 2020)