Whether an arbitrator may constitutionally apply the fugitive disentitlement doctrine to entirely bar a party from being heard in an arbitration proceeding

This case turns on whether an arbitrator may apply the fugitive disentitlement doctrine to entirely bar one party in an arbitration from having an opportunity to be heard. The arbitrator violated “[t]he principle that each party is entitled to an opportunity to be heard,” a right that is “so fundamental to our conception of fairness that it is a rare case in which it is transgressed. When it is violated, vacatur is consistently the result.” 302 A.3d 850, 901 (2023) (Alexander, J., dissenting). 3. This Court has previously granted certiorari to reverse an inappropriate application of the fugitive disentitlement doctrine. See Degen v. United States, 517 U.S. 820 (1996). The scrutiny of this Court is warranted in such cases because the right to be heard is a core underlying principle of justice that implicates serious due process concerns. Id. at 829. 4. The stakes are raised even higher in arbitration. Because review on substantive matters is severely limited, parties in an arbitral proceeding must be confident that core procedural rules will be followed. Recognizing this need, Congress delegated to the judiciary the statutory authority pursuant to the Federal Arbitration Act to police abuses when an arbitrator is “guilty of misconduct .. . in refusing to hear evidence pertinent and material to the controversy.” 9 U.S.C. § 10(a)(3). 5. This application for a 30-day extension seeks to accommodate Applicant’s legitimate needs. In light of the importance of the issues that will be presented in this case and other obligations of counsel which have prevented full attention to this matter, counsel submit that a thirty (80) day extension is necessary and appropriate in order to effectively prepare the petition for certiorari on Mr. Ahmed’s behalf. 6. For the foregoing reasons, Applicant respectfully requests that the due date for his petition for a writ of certiorari be extended to February 14, 2024. Dated: January 5, 2024 Respectfully submitted, /s/ Gregory Dubinsky Gregory Dubinsky Counsel of Record Vincent Levy HOLWELL SHUSTER & GOLDBERG 425 Lexington Avenue 14th Floor New York, NY 10017 (646) 837-8551