NYSBA SPRING 2016 | VOL. 9 | NO. 1 A publication of the Dispute Resolution Section of the New York State Bar Association Message from the Chair This is a special edition of the New will be one of Judge Kaye’s lasting York Dispute Resolution Lawyer, honor- legacies. ing the memory of Judge Judith Kaye, The Dispute Resolution Section is who died on January 7, 2016. I am very considering ways to honor the memory pleased that the Section has produced of Judge Kaye. This publication is but this fi tting tribute. Special thanks go the fi rst. In addition, the offi cers of the to co-editors Edna Sussman, Laura Section are exploring possibilities that Kaster, Sherman Kahn, Julie Bédard include establishing in Judge Kaye’s and Samaa Haridi for creating this name an award and a scholarship, and wonderful publication. renaming one of the Section’s success- Judge Kaye was a remarkable ful annual events. jurist and person. In addition to her We were honored that Judge Kaye many other involvements, she was a was one of us. And she will remain passionate supporter of dispute resolu- with us in spirit as we continue doing tion in its various forms and processes. our important work. She was a committed member of the Dispute Resolution Section and a David C. Singer member-at-large of the Section’s Ex- Chair, Dispute Resolution Section ecutive Committee for many years. As Judge Judith S. Kaye recently as the Section’s Fall Meeting Photo by Dave Cross Photography on October 30, 2015, she actively par- ticipated on a panel. I spoke with her at some length at Inside the Fall Meeting, and her engagement in issues relating to dispute resolution was enthusiastic. (cid:129) Tributes to Judge Judith S. Kaye by Family, Friends In addition to her many other achievements, Judge and Colleagues Kaye was instrumental in the creation of the New York (cid:129) New York for International Arbitration International Arbitration Center. She did not just lend her name or endorsement but rolled up her sleeves and did (cid:129) New York Court Decisions for International the hard work that was needed to create this important Arbitration Practitioners institution. Many agree that NYIAC would not have been established without her vision and leadership. NYIAC (cid:129) Book Reviews SPECIAL EDITION: A TRIBUTE TO JUDGE JUDITH S. KAYE Message from the Co-Editors Edna Sussman Samaa Haridi Julie Bédard Laura A. Kaster Sherman Kahn This special issue of the New York Dispute Resolution Edna Sussman answers “10 Questions About New Lawyer is dedicated to New York as a place of arbitration. York as a Leading Arbitration Center,” but the proof is in the track record of the New York courts in international We owe Judith Kaye, former Chief Judge of the State arbitration matters as they fulfi ll a critical role in the sus- of New York and Chief Judge of the Court of Appeals, for tainability of New York as a top place of arbitration in the the brilliant idea of creating the now thriving New York world. As Judith Kaye reminds us, “the need for a consis- International Arbitration Center. It was her dedication to tent, stable, predictable regime of contract law [is] central its creation and her hard work that made it possible. As to business transactions, where certainty is a paramount Barry Garfi nkel said, “Judge Kaye so enjoyed grappling concern.” with challenging international arbitration issues and problems.” We continue to be indebted to James Carter and John Fellas for their authoritative single volume work “Inter- Judith’s recent passing is commemorated in this is- national Commercial Arbitration in New York,” which sue with memories from the judges who sat with her or provides an essential roadmap to both New York and succeeded her as Chief on the New York Court of Ap- international practitioners alike, and this issue includes peals, the executive committee members of the New York a short description of the latest edition. Among other International Arbitration Center and her home after the topics of continued signifi cant interest are the availability bench, the fi rm of Skadden, Arps. Her funeral service, of judicial preliminary relief in New York (Julie Bédard which fi lled the Lincoln Center Hall, is commemorated and Christopher Pavlacka), proceedings during the with the eulogies delivered by family and others. It is our arbitration (Lawrence Newman and David Zaslowsky; hope that these tributes to her brilliance, humanity, humil- Jonathan Greenblatt and R. Zachary Torres- Fowler), the ity and commitment to the delivery of justice will serve effect of arbitration awards (Tai-Heng Cheng and Adam J. as a long lasting accessible record of her unique personal DiClemente), and, of course, their enforcement, to which warmth and contributions to dispute resolution in the we have devoted several articles (Larry Shore, Joseph P. state of New York. Zammit and Amal Bouchenaki; Samaa Haridi and Samuel We are pleased to publish two articles by Judge Kaye. Zimmerman; and Monique Sasson). We also offer a pre- One she wrote for this publication several years ago for hearing checklist (Aníbal Sabater). our gender diversity issue where she refl ected on her New York arbitration is often closely associated with “déjà vu” experience reentering a fi eld 50 years later, once New York law as the law governing the dispute between again populated by very few women. For this special the parties, and this issue contains a review of New York issue she wrote an article just weeks before she passed Contract Law: A Guide for Non-New York Attorneys recording the commitment of the New York courts to (Glen Banks) and an article on choosing New York Law maintaining a body of contract law that was certain and (Michael Galligan). predictable so that those engaged in commercial transac- tions could reliably depend on the courts to implement We look forward to reporting further on the work of their contracts as written. New York arbitration practitioners and arbitrators against the backdrop of modern judicial decision-making sup- We welcome the NYIAC Case Law Library, which is portive of the development of international arbitration in the latest initiative of the Center in collecting and orga- New York. nizing all New York international arbitration decisions starting in 2015. Mark Stadnyk and Alexandra Dosman usefully provide an overview of this effort, which is ongo- Edna Sussman, Samaa Haridi, Julie Bédard, ing and is a key resource on New York arbitration law. Laura Kaster and Sherman Kahn 2 NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 Table of Contents Page Message from the Chair .............................................................................................................................1 (David C. Singer) Message from the Co-Editors-in-Chief ....................................................................................................2 (Edna Sussman, Samaa Haridi, Julie Bédard, Laura A. Kaster and Sherman Kahn) A Tribute to Judge Judith S. Kaye New York Court of Appeals Judges’ Memories of Judge Kaye ............................................................5 (Joseph Bellacosa, Janet DiFiore, Vicki Graffeo, Jonathan Lippman, Susan Read, Albert M. Rosenblatt, Robert Smith, Sol Wachtler and Richard Wesley) A Tribute to Judith by Judge Carmen Ciparick ......................................................................................8 (on behalf of the New York Court of Appeals) New York International Arbitration Center Executive Committee Memories of Judge Kaye.......10 (James H. Carter, Michael W. Galligan, Richard L. Mattiaccio, Joe Neuhaus, Jennifer Permesly, Peter Sherwin, Richard H. Silberberg, Robert L. Sills, Edna Sussman and Stephen P. Younger) Alexandra Dosman: Remarks in Honor of Judith S. Kaye ..................................................................13 (Executive Director, NYIAC) Chief Judge Judith S. Kaye at Skadden, Arps .......................................................................................14 Luisa M. Kaye Eulogy of Judith S. Kaye ................................................................................................16 (Judge Kaye’s daughter) Jonathan Kaye Eulogy of Judith S. Kaye ...............................................................................................17 (Judge Kaye’s son) Gordon Kaye Eulogy of Judith S. Kaye .................................................................................................18 (Judge Kaye’s son) Sonja and Andrea Hagemeier Eulogy of Judith S. Kaye .....................................................................19 (Judge Kaye’s granddaughters) Michael Bloomberg Eulogy of Judith S. Kaye .......................................................................................20 (former Mayor of the City of New York) New York for International Arbitration Déjà Vu: A Personal Refl ection on Women in International Arbitration ...........................................22 (Judith S. Kaye) New York and International Arbitration: A View from the State Bench ...........................................24 (Judith S. Kaye) 10 Questions About New York as a Leading Arbitration Center .......................................................27 (Interview with Edna Sussman) (continued on page 4) NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 3 NYIAC Case Law Library—Overview ..................................................................................................30 (Mark Stadnyk and Alexandra Dosman) Second Circuit Finds That Res Judicata Issue Is for Arbitrators, Not Courts ...........................31 Sovereign Immunity Is No Defense to the Recognition of ICSID Award Against Venezuela; New York Court Stays Recognition on Basis of ICSID Internal Proceedings ....................................................................................................31 “To Stay or Not to Stay”: Second Circuit Clarifi es Procedure Following Successful Motion to Compel Arbitration .............................................................33 International Arbitration Pre-Hearing Checklist ..................................................................................35 (Aníbal Sabater) Book Reviews International Commercial Arbitration in New York ..........................................................................37 (Reviewed by Edna Sussman) New York Contract Law: A Guide for Non-New York Attorneys ......................................................37 (Reviewed by Stefan B. Kalina) Why Choose New York Law? .................................................................................................................41 (Michael W. Galligan) The International Commercial Disputes Committee of the New York City Bar Association Reports on the Manifest Disregard of Law Doctrine and International Arbitration in New York ...........................................................................................................................................46 (Laurence Shore, Joseph P. Zammit and Amal Bouchenaki) Using New York Fora to Enforce Judgments After Motorola Credit Corp. v. Standard Chartered Bank and Daimler AG v. Bauman ..........................................................................................................49 (Samaa A. Haridi and Samuel L. Zimmerman) “Who Decides?” The Res Judicata Effect of Arbitral Awards and Federal Confi rmation Judgments Are Matters for Arbitral Resolution ...............................................................................52 (Tai-Heng Cheng and Adam J. DiClemente) Court Review of Arbitral Tribunals’ Jurisdictional Decisions ............................................................54 (Monique Sasson) The Corruption Defense Asserted in International Arbitration Disputes: A Look at BSG Resources v. Guinea ......................................................................................................58 (Jonathan Greenblatt and R. Zachary Torres-Fowler) Muddy Waters in the Land of Section 1782 ...........................................................................................62 (Lawrence W. Newman and David Zaslowsky) Effectuating International Arbitration Through Judicial Preliminary Relief in New York ............65 (Julie Bédard and Christopher Pavlacka) 4 NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 New York Court of Appeals Judges’ Memories of Judge Kaye Judge Joseph Bellacosa tensity about my experiences on the bench. It was truly inspiring to meet a Chief Judge so engaged and familiar A refl ection in tribute of a dear friend and “forever with the hard issues we were facing in our courtrooms colleague” (her lovely term) is mixed with pain of the every day. How comforting it was to know that children profound loss and joy of beautiful memories. A treasured and families were “priority one” on her reform agenda. family prayer, that I shared with Judith Kaye many times when we lost loved ones, consoles and bridges the pain Judith Kaye focused a powerful spotlight on the and joy. A Fourth Century mystic, St. John Chrysostom, needs of young people, especially those in foster care who encapsulates the swing of emotions this way: yearned for, and deserved, permanent homes and caring families. She established Children’s Centers in our court- Those whom we love and lose houses, streamlined matrimonial litigation, and estab- Are not where they were before. lished parent education programs for divorcing parents to They are now wherever we are. reduce the level of destructive confl ict for children. Her presence remains permanent to me through a Judith Kaye devoted herself, with every fi ber of her Passover hymn that she sang to me and other “forever being, to serving the public good and reforming nearly colleagues” of the Court of Appeals from time to time— every aspect of our justice system. She pursued her Dai Dai Dayenu—“If it is only this, it would be enough; visionary reforms with a passion, integrity and single- thank you, Lord.” She explained to those who needed minded focus that inspired everyone she touched. In the and welcomed the instruction that the Jewish People process, she bettered the lives of millions of litigants, from in Exodus were grateful for their escape from Egyptian those inhabiting the corporate world to those living on the bondage even though still wandering in the desert on the margins of our society. For me, Chief Judge Judith S. Kaye way to the Promised Land. This “forever colleague” is will always be the great champion of New York’s children thus grateful to be able to hum Dai Dai Dayenu out of the and families. plenitude of her gracious sharing throughout the fullness of her life. * * * I recently collected personal memories of “Eight Chiefs” in the November/December 2015 issue of the Judge Vicki Graffeo New York State Bar Association Journal. The chapter which “Honorable” was truly an appropriate title for Judith recounted our friendship gave her particular delight. S. Kaye. Chief Judge Kaye was an exceptional leader and That she was able to enjoy the remembrance, while still legal scholar who inspired generations of female attor- with us, gladdens my heart and softens the loss. Even as neys and earned the respect of the Bar, her fellow jurists I write this Ave atque Salve salute to my “forever friend,” and the people of New York. She had “rock star” status I can, through St. John Chrysostom’s reminder, hear her in the legal community because she embodied the fi nest cheerful enthusiasm on the call that morning after she characteristics of professionalism and leadership. read the Journal article. She was a true visionary, pushing New York’s mas- May she rest in a Dai Dai Dayenu Peace. sive court system into the modern era by recognizing that * * * courts could do more than adjudicate legal rights, they also could serve as a conduit for needed services to com- bat recidivism. Hence, the development of problem-solv- Judge Janet DiFiore ing, community and youth courts. Judith Kaye unques- It is an honor to offer a brief refl ection on the life and tionably had “true grit”—she persevered with boundless legacy of Judge Judith S. Kaye, who will be remembered energy until her objectives were achieved. She had a rare as one of the most infl uential jurists and legal scholars of sense of humanity for someone with such authority. Her her generation. desire to improve society went well beyond her caseload or administrative responsibilities, as evidenced by her ef- I was fortunate to have many personal interactions forts to push for improvements in the foster care system with Judith. What I remember so vividly was her genuine so more children could have permanent homes. humanity and empathy for families and children. Judith had a profound infl uence on me during my early years as And, it was universally recognized that Judge Kaye a judge assigned to the Westchester Family Court. Upon had “class.” She had a style all her own and a formality meeting her, she questioned me with great care and in- that refl ected her commitment to excellence, but she also NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 5 radiated warmth and concern for everyone she met. Her Judge Susan Read keen legal mind and clarity of written expression cre- I have so many memories of Chief Judge Judith S. ated a legacy of case law that is unsurpassed. Her career Kaye at Court of Appeals Hall—in her chambers; in the on the bench exemplifi ed public service, and all of us Red Room, before and after oral argument; on the bench; who were fortunate to call her our “Chief” and our dear in conference; at the podium delivering an address or friend were truly blessed. Forever in our hearts, Chief introducing a lecture. But my most precious memories Judge Kaye. are, of course, the personal ones. I shared with Judith a love of the performing arts, and we made many a jaunt * * * to Lincoln Center to visit the School of American Ballet. I will never forget the time we audited a class of advanced Judge Jonathan Lippman students. When I met Judith beforehand in the School’s The passing of Judith Kaye is a moment of great sad- lobby, she laughingly told me that her husband Stephen ness for all of us. I tried to capture just a few of her quali- had reminded her as she left their apartment not to forget ties in “defending” her at the Twelfth Night festivities at her workout togs! Clearly, Stephen, like the rest of us, the City Bar almost two decades ago. It is my hope that thought there was nothing Judith could not do. the excerpts below from that event will give you a sense At Judith’s memorial service, fi ttingly held at the of the Judith Kaye I knew and loved. Koch Theater, her daughter Luisa remarked that few peo- At the Court of Appeals, people talk about ple knew that her late mother always harbored the ambi- how Judith Kaye changed the Court. But, tion to appear on that stage in The Nutcracker. The ballet there is one innovation that she brought to heroine that Judith most resembled is not the Sugarplum the Court that really challenges tradition: Fairy, though; rather it is Princess Aurora who was visited kissing. Yes, I said kissing. Before Judith shortly after birth by the Lilac Fairy and her retinue to Kaye, there was no kissing at the Court of bestow their gifts of purity, vitality, generosity, eloquence, Appeals. Now, there is kissing, whenever passion and, of course, wisdom. the judges see each other. Before and after * * * consultation, there is kissing; they put their robes on—there is kissing. They take their robes off—there is kissing. Hmmm.… Now, Judge Albert M. Rosenblatt it is one thing if you are kissing, might This is very good company indeed, as the contribu- I be so presumptuous to say, the Chief tors in this segment were her colleagues on the Court of Judge or Carmen Ciparick, but it is quite Appeals. The biographers and obituary writers can report another thing to kiss Vito Titone, as any one dutifully—and accurately—that she is best described in of us who have had that privilege knows. superlatives and achievements. It takes nothing away But, she is the ultimate Jewish mother. It from those superlatives to add something a bit different. explains everything. For those who worked at her side, and around the table, there is a dimension that goes immeasurably beyond her Judith Kaye always did the right thing public persona and her accomplishments. For us, surely for the courts, the legal community and for me, she was a model in how to act with humility. Of the public. She clearly could have gone to course she never thought to instruct anyone on the sub- Washington if she wanted to. But, she chose ject; she simply was Judith and unwittingly served as a not to do so because of her commitment model. to New York. She has—by her elegance and grace, her unmatched scholarship, It had never been attempted of course, but I would exceptional skills and standards of make an analogy to a blindfold tasting. I suggest that if sheer excellence, her perseverance and the person with whom Judith was speaking was uniden- her unwavering commitment to the tifi ed, an observer would not be able to tell whether she indispensable independence of the was speaking with a governor, a mail room attendant, a Judiciary—made the New York State judge, or someone there to shampoo the rugs or take out Courts the most modern, innovative and the trash. She treated everyone with graciousness and admired court system in the country. We good nature, with not a grain of haughtiness. That is what were so proud to have her as our persona— she was really like. as the symbol of the Judiciary and the justice system in this State. * * * * * * 6 NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 Judge Robert Smith learning curve for Judith. Her very fi rst day on the Court, we heard oral argument on a case which was being rear- Judith Kaye and I were friends long before we ever gued. The next morning at conference, she reported her dreamed we would be colleagues on the bench. In 1975, analysis of the case in so persuasive a way as to convince I was an associate of the Paul Weiss fi rm and Judith was the Court of her view: she wrote the decision in that case (or was soon to become) a partner at Olwine Connelly. for a unanimous court. We were co-counsel at a six-week trial and had a wonder- ful time, getting a few witnesses of our own and keeping Her remarkable judicial career demonstrates how our charismatic seniors—Jack O’Donnell at Olwine and much she brought to our Court, the judiciary, New York Arthur Liman at Paul Weiss—on the straight and narrow. State and American jurisprudence. But on a very personal Judith impressed me then as a wonderful lawyer; more note: she brought to me her warmth, inspiration, humor important, she impressed Arthur, whose recommenda- and a supportive friendship for which I will always be tion, I think, had something to do with the fi rst Governor grateful. May she rest in peace. Cuomo’s very wise decision to put her on the bench in 1983. Twenty years after that, when Judith was Chief * * * Judge and I was nominated to her court, she embraced me like an old friend. “Can you believe this?” she said Judge Richard Wesley delightedly—and she wasn’t just congratulating me and How best does one capture the essence of a beloved my good luck, but still reveling after all those years in her colleague, dear friend and giant of a judge—Judith S. own. She loved her job. Kaye? One could focus on her opinions and the clarity Soon afterwards Judith had the idea of inviting Bob with which she wrote, or note her innovations in how the Carter, the judge who had presided at the 1975 trial, courts of this state do business. Judith left her own indel- to have lunch with her and me. I well remember how ible stamp on New York jurisprudence and fundamen- thrilled Judge Carter, then in his late 80s, was to see Ju- tally reshaped the courts of New York with her vision of a dith again and know how fondly she remembered him. better way to deliver justice. And that was Judith—this one of the kindest, most I will always remember watching young women— thoughtful human beings you’ll ever meet—on top of my lawyer daughter included—fl ock to her at events, being a great judge, a leader and innovator in judicial listening to her joke with the Court’s maintenance staff, administration, and an inspiration to lawyers all over and running with her before dawn during our time to- the state. I could go on and on just about her kindness to gether in Albany. (A traffi c savvy New York City pro, other people, if I only had the space. she once counseled me that when crossing the street you never look at oncoming traffi c, as doing so “is a sign of * * * weakness.”) In June of 2003 when I bid goodbye to the New York Judge Sol Wachtler Court of Appeals, I said of my dear friend: “Is there When Governor Mario Cuomo delivered on his another human being on this Earth with more energy promise to appoint a woman to our New York Court of and enthusiasm for just causes, with a kinder heart—a Appeals, the members of the Court were delighted. In its nobler view of what we do? I think not. When the book 136 year history, our Court had been all male. As judges is closed—the portrait hung and the tally made—Kaye of the Court we all recognized the need for a diverse per- will stand with the great judges of all time.” (Richard C. spective which only a woman could bring. Wesley, A Portrait of Judith S. Kaye, 84 N.Y.U. L. Rev. 651 (2009)). When Judith’s appointment was announced, she was asked if she would bring a woman’s perspective to the In this cynical age in which we live it was refreshing law of our State and to our bench. Her answer: “I take to see someone who was the real deal—a person whose my gender with me wherever I go.” We were to learn that compassion and commitment was genuine. Despite her during her almost one quarter of a century on the Court, absence, Judith will cast a long shadow for years to come. she brought much more than her gender. And I…I will dearly miss her. When Judith came to our Court she had no judicial, no less Appellate Court, experience. But there was no NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 7 A Tribute to Judith by Judge Carmen Ciparick (on behalf of the New York Court of Appeals) Thank you, Rabbi. just indicated, but also our non-judicial employees of the Good morning, Courts, who make everything Many have gathered today work. Judge Kaye loved all to pay tribute to our dear of you and touched each one friend, and colleague the very of you in a very special way. Honorable Chief Judge Judith And to those elected offi cials S. Kaye. I am Judge Carmen and others who are here from Ciparick and am here to speak the legislative and executive to you on behalf of the Court branches, you know that Judge and as a close friend of Ju- Kaye was always a good part- dith’s as well. ner in government. And then, of course, the private bar, who I would like to begin by revered her, and her efforts on acknowledging the presence their behalf, the institutional of some of our most distin- lawyers, whose lives Judge guished guests and thank Kaye sought to make better, her them for joining us today. friends from the arts, from her From Washington, D.C. our many other organizations, her esteemed Attorney General, personal friends, neighbors, the Honorable Loretta Lynch, and of course her beloved law former Governor Eliot Spitzer, clerks and family, all coming former Mayor Michael Bloom- together to celebrate Judith and berg and the other elected wish her a fond farewell. offi cials, Senator Schumer, Attorney General Eric Schnei- We have all been reading derman and others who have the tributes that have been joined us today. I especially want to acknowledge our pouring in over the last few days—newspaper articles, New York State Court of Appeals Judges, headed by Act- editorials, obituaries, testimonials from bar associations, ing Chief Judge Eugene Pigott, seated alongside our for- law schools, law fi rms, and on and on—whose authors, at mer Chief Judges Jonathan Lippman and Sol Wachtler, the one time or another, have been recipients of Judge Kaye’s former Judges of the Court of Appeals, a very special club, great kindness and generous spirit. But, I do not plan on to which Judith and I belonged, and also our Chief Judge repeating what has already been said so very eloquently nominee, Janet DiFiore, our Appellate Division Judges by others, nor do I plan to catalogue Judge Kaye’s accom- and most distinguished Presiding Justices, Tom, Eng, plishments, but rather, there is a string I wish to pull, ever Peters and Whalen our Administrative Judges, headed so slightly, from all that has been written. by our Chief Administrative Judge, Lawrence Marks, our As you may know, Judith loved to write letters, she trial judges and all those wonderful former judges— would write letters to friends and family, colleagues and Judith would be so thrilled to have you all here. employees, public offi cials and private citizens; she would Then, of course, Judith always saw fi t to foster close write to anyone who bestowed a kindness upon her or familial ties with our Federal brethren, and they are all upon the Court. She wrote many such letters and if you here. The Second Circuit Judges, headed by Chief Judge will indulge me, I will read my fi nal farewell letter to Robert Katzmann, and Federal Southern District Court Judith. Judges headed by Chief Judge Loretta Preska and East- My Dearest Judith, ern District Judges and Magistrates have also joined us. Thank you for your tremendous showing of respect and I fi rst met you in 1983 when you were a admiration for our beloved Judge Kaye. newly minted Court of Appeals Judge. I marveled at your great accomplishments, Looking around this beautiful auditorium at the but I didn’t really get to know you well outpouring of so many friends and admirers who have until ten years later, when I was fortunate joined us today, I see not only many of our judges, as I enough to join your ranks. Then Governor 8 NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 Mario Cuomo had brought you a long- instituted the problem solving courts. I awaited baby sister. I took my place at remember how excited you were when the bench, at the end by the window, and you attended your fi rst drug court gradu- around the conference table right next to ation. You were beaming with pride. You you. were also so proud of your beloved Com- mercial Division, which you nurtured I have so many fond memories of my and watched mature and graduate to early days on the Court of Appeals. I become one of the premiere commercial remember the night I arrived at Court of courts in the nation. You contributed so Appeals Hall. It was January, it was cold, much, not just to the jurisprudence of this it was snowy, I had missed my exit and state, but also to the creation of a mod- had ended up in, of all places, Guilder- ern court system. And when you left the land, but you anticipated my arrival and Court, Judith, you didn’t stop. You kept you were there waiting with a bottle of going, though attached to a prestigious champagne and a warm embrace. I was law fi rm, you continued pursuing your soon to learn that that was so you, so Ju- passions. Your work with the Children’s dith. Never missed a birthday, in fact you Commission has yielded so much fruit insisted on celebrating mine just 10 days and will continue to do so. You spear- ago with a beautiful Magnolia Bakery headed the creation of the New York birthday cake. I was so touched. I will International Arbitration Center which always remember that fi nal gesture of has spawned a fl urry of international ar- friendship. You celebrated all joyous oc- bitration activity in New York. New York casions, but also stood by your friends in is now a preferred arbitration venue, times of grief and mourning. You stood thanks to you, Judith. Your tireless work by me when my husband was sick and on the Commission on Judicial Nomina- dying, comforting me with your words tion has given us such great appoint- of wisdom, you, who just a few years ments, and so much more. You just kept earlier, had lost your beloved husband, going Judith, in spite of your illness, and Stephen. We often recalled those days, you will always keep going in our hearts and marveled about how fortunate we and cherished memory. You literally left were to have been married to such great this world as you wanted to, with your husbands, how lucky we were to have boots on or, should I say wearing your wonderful children and grandchildren. red high-heeled shoes, and ready to get For you, Judith, your family was always back to work. You were an inspiration, a fi rst and foremost, your wonderful mentor and a good friend Judith. I will children Luisa, Jonathan and Gordy, your miss our dinners, our shoe shopping seven spectacular grandchildren. Birth- forays, our occasional nights at the opera day parties, graduations, hockey games, right across the plaza, just talking to you trips, bar mitzvahs, bat mitzvahs. You on the telephone, laughing with you, cry- did it all Judith, you gave all of yourself ing with you. I will miss you Judith and to them. be forever grateful for your friendship. I But you gave so much to the rest of us thank your family for asking me to speak also, to your friends, to your colleagues, today. I hope my words bring some com- to the Court system, to the people of this fort to their heavy hearts. Judith, there is great state. Your 25 years on the Court no more pain, you are now at rest. Sleep of Appeals was marked by life-changing peacefully my dear friend. decisions, from capital punishment, to education fi nancing, from same sex With much love, marriage, to major court reforms. You Carmen NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1 9 New York International Arbitration Center Executive Committee Memories of Judge Kaye James H. Carter by NYSBA of the 2011 Report of the NYSBA Task Force on New New York has an interna- York Law and International tional arbitration “community” Matters, on which she served in large part because of Judge as an advisor, she became the Judith Kaye’s good works. In driving force in implement- this decade the lawyers in New ing one of the Task Force’s key York who practice in the fi eld recommendations: the estab- began to organize themselves lishment of an international to share experience and work arbitration center in New York. together for the benefi t of all Indomitable in the face of seem- those who use this important ingly impossible fi nancial and private justice system. Two logistical odds, she seized the important steps were the orga- opportunity of a collaboration nization in 2010 of the Interna- between the newly formed tional Arbitration Club of New New York International Arbitra- York, of which Judge Kaye tion Center and the American was a central member, and the Arbitration Association in the creation in 2013 of the New latter’s new premises at 150 York International Arbitration East 42nd Street and galvanized Center (“NYIAC”), which she the support of the leading law largely created. Together, they fi rms of New York to provide have made the practice of inter- the fi nancial underpinning for national arbitration law in New the venture. York a family matter, in which lawyers interact regularly on Her inspiration was her a cooperative and not just an understanding that the contract adversarial basis. and commercial law of New York is not only domestic law No other international but also international law— arbitration city has a center like the law of choice of countless NYIAC, supported entirely by private funding from law fi rms Photo by Fred R. Conrad/The New York Times/Redux\ individuals and businesses around the world for cross-border trade and commerce. and bar association sections. Most rely on governmental Undeterred by the health challenges of the last few years fi nancing, which would also be welcome for NYIAC but of her life, her devotion to advancing New York law as an thus far has not been available. When the idea of creating international standard and strengthening the role of New an arbitration center in New York arose, Judge Kaye was York judicial and arbitral tribunals in cross-border dispute the person who said, “We can do it” and then made NY- resolution took her to Mauritius, Mexico and many other IAC a reality by persuading others to join in the effort. She destinations far beyond as well as within the United States. was the ultimately persuasive leader. May we all seek to emulate and sustain her dedication to NYIAC therefore has decided to recognize Judge New York-inspired internationalism, the focus of her last Kaye as its Founding Chair, to honor her with an annual and perhaps crowning vocation. Judith S. Kaye Arbitration Lecture and to display her * * * portrait always at our Center. She brought us together as a community. Richard L. Mattiaccio * * * I fi rst met Judith Kaye in close quarters in an early meeting of cock-eyed optimists who thought they could Michael W. Galligan actually get major law fi rms in New York to work together Judge Judith Kaye had many vocations during her to create a bricks-and-mortar international arbitration cen- life—journalist, lawyer, jurist, administrator, judicial ter. It seemed increasingly naïve to me, as one learned per- reformer, advocate and trusted advisor. The last vocation son after another expounded about the need for a center. of her life was as an internationalist. Upon the adoption Then Judith Kaye spoke, as learned and wise as anyone, 10 NYSBA New York Dispute Resolution Lawyer | Spring 2016 | Vol. 9 | No. 1