AAA Handbook on Arbitration Practice - Second Edition
The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte.
The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.
TABLE OF CONTENTS
Foreword
PART I: Issues in Arbitration Practice and Procedure
Chapter 1
Where Should You Litigate Your Business Dispute?
In an Arbitration or Through the Courts?
John H. Henn
Chapter 2
Keeping Arbitration Easy, Efficient, Economical
and User Friendly
Louis L. C. Chang
Chapter 3
Creating an Economical and Efficient Arbitration Process Is
Everyone's Business
Kent B. Scott and Adam T. Mow
Chapter 4
What Parties Might Be Giving Up and Gaining When
Deciding Not to Litigate: A Comparison of Litigation,
Arbitration and Mediation
Donald L. Carper and John B. LaRocco
Chapter 5
Major Arbitration Issues Recently Addressed by Courts
Scott D. Marrs and Sean P. Milligan
PART II: Key Ingredients for a Better Arbitration
Chapter 6
You Control the Process v. the Process Controls You
John Arrastia, Jr.
Chapter 7
Telling the Story: Integrating Witnesses, Experts, and
Documents into a Cohesive Narrative in Arbitration
Evan Slavitt
Chapter 8
Developing a Case Theory and a Case Theme
Jay E. Grenig and Rocco M. Scanza
Chapter 9
Top 20 Mistakes Attorneys Make in Arbitration and
How to Avoid Them
Judith B. Ittig and Harold Coleman, Jr.
Chapter 10
A Preliminary Hearing Is Not Enough: Tips for a
Well-Managed Arbitration
Michael Chambers
Chapter 11
Thirty Steps to a Better Arbitration
Judith B. Ittig and Michael J. Bayard
PART III: Arbitrator Selection and Conduct
Chapter 12
Due Diligence in Arbitrator Selection: Using Interviews
and Written "Voir Dire"
Jeffrey P. Aiken
Chapter 13
Selecting the Ideal Arbitrator
Charles J. Moxley, Jr.
Chapter 14
An Arbitrator's Wish List
Stanley Weinstein
Chapter 15
Why Not Provide for Neutral Party-Appointed Arbitrators?
Robert D. Taichert
Chapter 16
The Stoic Arbitrator v. the Activist Arbitrator-
A Solution
Jeffrey Aiken
Chapter 17
Chairing an Arbitration
Judith B. Ittig and Michael J. Bayard
Chapter 18
Muscular Arbitration and Arbitrators Self-Management
Can Make Arbitration Faster and More Economical
Mitchell Marinello and Robert Matlin
Chapter 19
Calling All Arbitrators: Reclaim Control of the
Arbitration Process - the Courts Let You
David E. Robbins
Chapter 20
Attorney Arbitrators Should Research Law: Permission
of the Parties to Do so Is Not Required
M. Ross Shulmister
PART IV: Arbitration Procedure
Chapter 21
The Enforceability of Class Action Waivers in
Arbitration Clauses
Thomas W. H. Barlow
Chapter 22
An Update on Multijurisdictional Practice and ADR
Bruce E. Meyerson
Chapter 23
The Use of Dispositive Motions in Arbitration
Alfred G. Ferris and W. Lee Biddle
Chapter 24
Improving Arbitration Through Technology:
A Quest for Basic Principles
Thomas D. Halket
PART V: Discovery and Evidence in Arbitration
Chapter 25
Organizing Documents for Arbitration
Leslie Trager
Chapter 26
E-Discovery Issues: What Parties and Their Counsel
Need to Know in Anticipation of and During Arbitration
Steven C. Bennett
Chapter 27
Electronic Discovery in Arbitration: Privilege Issues and
Spoliation of Evidence
Irene C. Warshauer
Chapter 28
Waiver of Privilege under Federal Evidence Rule 502
and Arbitration Proceedings
Angela Foster
Chapter 29
The Use of Subpoenas in Arbitration
Leslie Trager
Chapter 30
Enforcing Arbitral Subpoenas: Reconsidering Federal
Question Jurisdiction Under FAA Section 7
Charles E. Harris II
Chapter 31
Using Experts in Arbitration
George Ruttinger, Joe Meadows, and April Ham
Chapter 32
Resenting Witness Testimony in U.S. Domestic
Arbitration: Should Written Witness Statements
Become the Norm?
Raymond G. Bender
Chapter 33
Discovery in Commercial Arbitration:
How Arbitrators Think
Charles J. Moxley, Jr.
Chapter 34
The Development of Remedial Power: Arbitrators’
Ability to Award Monetary Sanctions
Philip D. O’Neill, Jr.
PART VI: Ethics in Arbitration Practice
Chapter 35
2004 Code of Ethics for Commercial Arbitrators Explained
Bruce E. Meyerson and John M. Townsend
Chapter 36
Must Arbitrators Investigate in Connection with Their
Disclosures? Some Courts Open the Door to Evident
Partiality Attacks
Bethany L. Appleby
Chapter 37
Delaying Tactics in Arbitration
Alain Frécon
Chapter 38
Who Is Responsible for Ethical Behavior by Counsel in
Arbitration?
Steven C. Bennett
Chapter 39
An Arbitrator's Authority to Award Attorney Fees for
Bad-Faith Arbitration
John W. Hinchey and Thomas V. Burch
PART VII: Damages, Judicial Review and Enforcement of
Arbitration Awards
Chapter 40
The Punitive Damages Remedy: Lessons for Drafters of
Arbitration Agreements
Michael D. Nolan and Andrew M. Leblanc
Chapter 41
No Pay No Play: How to Solve the Non-Paying Party
Problem in Arbitration
Richard J. DeWitt and Richard J. DeWitt, III
Chapter 42
Prevailing Parties and Attorneys' Fees
Stephen P. Gilbert
Chapter 43
Enforceability of Religious Arbitration Agreements
and Awards
Steven C. Bennett
Chapter 44
Supreme Court Addresses Volt's Choice-of-Law Trap:
Is the End of the Problem in Sight?
Archis A. Parasharami and Kevin Ranlett
Index
The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Contributors:
Chapter 1: John Henn
John H. Henn is an arbitrator, and sometime ADR counsel to Foley Hoag LLP, in
Boston, where he was a partner for over thirty years. He serves on the commercial, large
complex case, international and national panels of the American Arbitration Association.
He also serves as an arbitrator for CRP and FINRA. He has over forty-five years of
experience in business and commercial litigation and experience as a sole arbitrator and
panel chairman.
Chapter 2: Louis L.C. Chang
Louis L.C. Chang is a mediator, arbitrator, and lawyer in Honolulu, Hawaii. Since
1973, he has worked primarily on commercial and contract matters, construction,
insurance and labor and employment disputes. Reflecting the growth of ADR, his
practice has increasingly involved increased service as a mediator, arbitrator, facilitator,
umpire and discovery master. Mr. Chang serves on panels of a number of ADR provider
organizations, including the American Arbitration Association, Dispute Prevention &
Resolution, Inc., and the Federal Mediation & Conciliation Service. He also serves on the
arbitration panel of the Hawaii Labor Relations Board and on the mediation panel of the
federal and bankruptcy court in Hawaii.
Chapter 3: Kent B. Scott and Adam T. Mow
Kent B. Scott is a shareholder in Babcock Scott & Babcock, a construction law firm in Salt Lake City, as well as an arbitrator and mediator. Adam T. Mow is an attorney with Jones Waldo Holbrook & McDonough in the Salt Lake City office, specializing in construction law. Mr. Mow also serves as an arbitrator and mediator. Both authors serve on the commercial panel of the American Arbitration Association and both are members of the Utah Bar Association's Dispute Resolution Section and Utah Dispute Resolution. In addition, Mr. Scott serves on the panel for the U.S. District Court (Utah) and is a member of the ABA's Dispute Resolution Section and its Forum on the Construction Industry.
Chapter 4: Donald L. Carper and John B. LaRocco
The authors teach at the College of Business Administration, California State
University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association's labor panel
Chapter 5: Scott D. Marrs and Sean P. Milligan
Scott D. Marrs is a partner at Beirne, Maynard & Parsons, L.L.P., in Houston, Texas. He represents clients in commercial disputes in court, and arbitration throughout the country and serves as arbitrator on the American Arbitration Association's Commercial panel.
Sean P. Milligan is Senior Counsel at Claim Legal Travelers in Houston, Texas.
Chapter 6: John Arrastia, Jr.
John Arrastia, Jr., a Miami, Florida-based attorney, practices mainly in the areas of domestic and international commercial litigation and arbitration. He has represented quasi-governmental entities as well as commercial enterprises of every size, both public and private. He serves on the AAA panel of arbitrators. He holds an LL.M. in international arbitration and litigation from Cambridge University.
Chapter 7: Evan Slavitt
Evan Slavitt is the General Counsel of a publicly traded corporation and is an AAA arbitrator.
Chapter 8: Jay E. Grenig and Rocco M. Scanza
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a National Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as
an Arbitrator or Mediator in over 2,000 labor and employment disputes. A member of the
National Academy of Arbitrators, the American Law Institute, and the Order of the Coif,
Professor Grenig is also a fellow of the College of Labor and Employment Lawyers. He
formerly chaired the Labor and Employment Law Section of the Association of American
Law Schools and served as a consultant to the National Commission on Employment
Policy. He has written or co-written numerous books and articles.
Chapter 9: Judith B. Ittig and Harold Coleman, Jr.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and the AAA's Construction Mega Project Panel. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is a Fellow of the American College of Construction Lawyers, a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London), and a Fellow of the College of Commercial Arbitrators. Harold Coleman, Jr., Esq., is senior vice president for mediation at the American Arbitration Association (AAA) and executive director/mediator for MEDIATION.org, a division of the AAA. Coleman also trains new AAA arbitrators and aspiring mediators in basic/advanced arbitration case management techniques and basic/advanced mediation skills. A former multi-disciplinary project manager and complex litigation attorney, Coleman has mediated and arbitrated multiplied hundreds of litigated and non-litigated disputes during a 28-year legal and ADR career. He is a Fellow and director of the College of Commercial Arbitrators (CCA) and board member of the International Mediation Institute (IMI). Coleman serves from the Association's Los Angeles and New York offices.
Chapter 10: Michael Chambers
Michael Chambers is a member of the AAA commercial, large complex case, employment and international panels. He has often served as a trainer at AAA training programs and previously co chaired several national panels of arbitrators created in class action settlements. Licensed to practice law in New York, Washington, D.C., and Alabama, he is of counsel to the Alabama-based firm of Cabaniss, Johnston, Gardner, Dumas & O’Neal LLP. He holds a J.D. degree from the University of Alabama and a doctorate from the University of Geneva in Switzerland. He has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
Chapter 11: Judith B. Ittig and Michael J. Bayard
Michael J. Bayard is a full-time construction arbitrator, mediator and project neutral. He chairs the AAA's Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct professor. He was recently named to the AAA's National Construction Master Arbitrator Roster.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and is on the AAA's National Construction Master Arbitrator Roster. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is also a Fellow of the American College of Construction Lawyers and a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London).
Chapter 12: Jeffrey P. Aiken
Jeffrey Aiken is semi-retired, having practiced with the law firm of Whyte
Hirschboeck Dudek, S.C. where he was involved in arbitration practice as a neutral and
party representative for nearly 40 years in addition to serving as a commercial litigator
and transactional attorney. He continues to serve on the AAA''s Large and Complex
Claim panels for construction and other commercial disputes.
Chapter 13: Charles J. Moxley, Jr.
Charles J. Moxley, Jr., the principal in Moxley ADR LLC, has been an arbitrator on
panels of the American Arbitration Association (AAA) for over 35 years, presiding over
more than 250 cases, many of them large and complex involving multiple parties,
substantial issues and high stakes. He trains arbitrators for the Dispute Resolution (DR)
Section of the New York State Bar Association (NYSBA), teaches arbitration law at
Fordham Law School, and serves as Distinguished ADR Practitioner in Residence at the
Benjamin N. Cardozo School of law. He was recently selected by the AAA to provide
training in effective arbitration practices in AAA training programs This article is adapted
from a presentation he made at the American Arbitration Association in New York in
June 2005 on the process of selecting an arbitrator. Mr. Moxley welcomes comments
from readers about their experiences with arbitrator selection
Chapter 14: Stanley Weinstein
Stanley Weinstein, a non-practicing attorney and CPA, is an arbitrator specializing
in commercial and real estate disputes. He has been on the American Arbitration
Association roster since 1994
Chapter 15: Robert D. Taichert
The late Robert D. Taichert (d. 2013) was a prominent Albuquerque attorney of
counsel to Hinkle, Hensley, Shanor & Martin, LLP. He served on the roster of the
American Arbitration Association for commercial, construction and large, complex cases.
Mr. Taichert had written and lectured on a variety of ADR subjects. He chaired the
Revised Uniform Arbitration Act subcommittee of the AAA's New Mexico Advisory
Committee.
Chapter 16: Jeffrey Aiken
Jeffrey Aiken is semi-retired, having practiced with the law firm of Whyte Hirschboeck Dudek,S.C. where he was involved in arbitration practice as a neutral and party representative for nearly 40 years in addition to serving as a commercial litigator and transactional attorney. He continues to serve on the AAA's Large and Complex Claim panels for construction and other commercial disputes.
Chapter 17: Judith B. Ittig and Michael J. Bayard
Michael J. Bayard is a full-time construction arbitrator, mediator and project neutral. He chairs the AAA's Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct professor. He was recently named to the AAA's National Construction Master Arbitrator Roster.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial
arbitrator panel, and the AAA's Construction Mega Project Panel. Mrs. Ittig, an attorney
at Ittig & Ittig, P.C. based in Washington, DC, is a Fellow of the American College of
Construction Lawyers, a Chartered Arbitrator/Fellow of the Chartered Institute of
Arbitrators (London), and a Fellow of the College of Commercial Arbitrators.
Chapter 18: Mitchell Marinello and Robert Matlin
Mitchell Marinello is a Partner with the law firm of Novack and Macey. Robert
Matlin is Senior Vice President with the American Arbitration Association.
Chapter 19: David E. Robbins
David E. Robbins has been an AAA arbitrator for 30 years and is a partner in Kaufmann, Gildin & Robbins LLP, in New York City, where he specializes in commercial arbitration, mediation and disciplinary proceedings before regulatory authorities. Previously, he served as Special Deputy Attorney General of New York State and was Director of the Compliance, Arbitration and Disciplinary Hearings Departments of the American Stock Exchange. The author of the Securities Arbitration Procedure Manual (5th ed., 2015, Matthew Bender/Lexis/Nexis), he also writes the annual "Practice Commentary" in Article 23-A of the New York General Business Law for McKinney's Consolidated Laws of New York. In addition, he chairs the New York State Bar Association program on securities arbitration and mediation.
Chapter 20: M. Ross Shulmister
M. Ross Shulmister is a retired USAF officer, who has been a Florida attorney for more than 40 years, also serving as an AAA arbitrator for more than 30 years. He serves on AAA's Commercial, Construction, and Consumer panels. He is also certified as a state court arbitrator by the Fla. Supreme Court, serving in the 17th Circuit (Ft. Lauderdale area).
Chapter 21: Thomas W. H. Barlow
Thomas W. H. Barlow is a partner in the Troy office of Giarmarco, Mullins &
Horton, P.C. A labor and employment lawyer, he has more than 40 years of experience
representing management in the negotiation and administration of collective bargaining
agreements and in defending management in discrimination, harassment, wrongful
dismissal, Sarbanes-Oxley, whistle-blowing, and retaliation cases. Nickolas Guttman, a
summer associate, helped prepare this article.
Chapter 22: Bruce E. Meyerson
Bruce E. Meyerson, a mediator and arbitrator in Phoenix, Arizona, serves on the American Arbitration Association's roster of neutrals and is a member of the Association's Board of Directors. He formerly served as a Judge on the Arizona Court of Appeals and was General Counsel of Arizona State University. He is a past chair of the American Bar Association Section of Dispute Resolution.
Chapter 23: Alfred G. Ferris and W. Lee Biddle
Alfred G. Ferris is a full-time neutral and a commercial, construction and employment arbitrator and mediator. He serves on the American Arbitration Association's Large, Complex Case Panel. He is of counsel with the San Diego law firm of Ferris & Britton APC, of which he was a founding partner.
W. Lee Biddle is an associate with the firm, practicing in the area of business litigation.
Chapter 24: Thomas D. Halket
Thomas D. Halket is a partner in Halket Weitz LLP in New York and an adjunct professor at the Fordham University School of Law where he teaches courses on International Arbitration, IP Transactions Law and Entrepreneurship Law. An experienced arbitrator and mediator, he has chaired the American Arbitration Association's Technology Advisory Committee and is a member of the AAA's commercial, large complex, technology and IP and international panels. He also serves on the panels of the Chartered Institute of Arbitrators, the CPR Institute for Dispute Resolution and the World Intellectual Property Organization, among others. He is a Fellow of the Chartered Institute and Chartered Arbitrator, a Fellow of the College of Commercial Arbitrators, a Member of the London Court of International Arbitration and a Freeman of the Worshipful Company of Arbitrators.
Chapter 25: Leslie Trager
Leslie Trager is a practicing attorney in New York City. He also serves on the
American Arbitration Association's panel of commercial arbitrators.
Chapter 26: Steven C. Bennett
Steven C. Bennett is a partner at Park Jensen Bennett LLP in New York City. He coteaches a course on e-discovery at Rutgers Law School. The views expressed are solely those of the author and should not be attributed to the author's firm or its clients.
Chapter 27: Irene C. Warshauer
Irene C. Warshauer is an active attorney, arbitrator and mediator in New York City.
She serves on the American Arbitration Association's panel of arbitrators and mediators.
Chapter 28: Angela Foster
Angela Foster, Ph.D., J.D. is a patent attorney of the Law Office of Angela Foster,
in North Brunswick, NJ. The firm specializes in intellectual property matters and
alternative dispute resolution
Chapter 29: Leslie Trager
Leslie Trager is a practicing attorney in New York City. He also serves on the
American Arbitration Association's panel of commercial arbitrators
Chapter 30: Charles E. Harris II
Mr. Harris is a partner in the Litigation & Dispute Resolution Group at Mayer
Brown LLP in Chicago. He has represented clients in domestic and international
arbitrations and other forms of dispute resolution. He also has a varied litigation practice.
Prior to joining the firm, he was a law clerk for the Hon. David D. Dowd Jr., U. S.
District Court, Northern District of Ohio
Chapter 31: George Ruttinger, Joe Meadows, and April Ham
George Ruttinger is a partner in the Government Contracts and International Dispute Resolution Groups of Crowell & Moring LLP. He is in Crowell's Washington, D.C. office and specializes in contract litigation and counseling. He has represented clients in state and federal courts, arbitration proceedings, mini-trials, mediations, and federal administrative agencies.
Joe Meadows is a litigation counsel in Crowell & Moring's Washington, D.C. office, where he specializes in complex commercial litigation and arbitration matters, frequently working with and writing about experts.
April Ham is a litigation and antitrust associate in Crowell & Moring's San
Francisco, California office.
Chapter 32: Raymond G. Bender
Raymond G. Bender is an independent commercial Arbitrator serving in U.S. domestic and international disputes. He is a member of the American Arbitration Association's Roster of Commercial Arbitrators for Washington, D.C., Technology, and Large Complex Cases; the CPR Panel of Distinguished Neutral Arbitrators for Washington, D.C., Technology, and Cross-Border disputes; and the International Center for Dispute Resolution (ICDR) Panel of International Arbitrators. Mr. Bender has served in International Chamber of Commerce (ICC) and ad hoc arbitrations as well. He also is an Adjunct Professor at the Washington College of Law, American University, Washington DC, where he teaches Alternative Dispute Resolution Law.
Chapter 33: Charles J. Moxley, Jr.
Charles J. Moxley, Jr., the principal in MoxleyADR LLC, has been an arbitrator on
panels of the American Arbitration Association (AAA) for over 35 years, presiding over
more than 250 cases, many of them large and complex involving multiple parties,
substantial issues and high stakes. He trains arbitrators for the Dispute Resolution (DR)
Section of the New York State Bar Association (NYSBA), teaches arbitration law at
Fordham Law School, and serves as Distinguished ADR Practitioner in Residence at the
Benjamin N. Cardozo School of law. He was recently selected by the AAA to provide
training in effective arbitration practices in AAA training programs. This article is
adapted from a presentation he made at the American Arbitration Association in New
York in June 2005 on the process of selecting an arbitrator. Mr. Moxley welcomes
comments from readers about their experiences with arbitrator selection.
Chapter 34: Philip D. O'Neill, Jr.
Philip D. O'Neill, Jr. is a domestic and international commercial arbitrator. Mr. O’Neill was the Nomura Lecturer in Law on International Arbitration at Harvard Law School in 2005. He has been an adjunct professor of international arbitration at Boston College Law School since 1989, and at Boston University Law School since 2011. Mr. O'Neill is a Fellow in the College of Commercial Arbitrators, and the Chartered Institute of Arbitrators. He is a chartered arbitrator as well.
Chapter 35: Bruce E. Meyerson and John M. Townsend
Bruce E. Meyerson, a Mediator and Arbitrator in Phoenix, Arizona, is a former
Judge of the Arizona Court of Appeals and a past chair of the ABA Section of Dispute
Resolution. He participated as a member of the ABA delegation on the 2004 revision of
the 1977 AAA-ABA Code of Ethics. He is an Adjunct Professor at the Arizona State
University College of Law where he teaches ADR courses, including the course on
Arbitration.
John M. Townsend is a Washington, D.C., Partner of Hughes Hubbard & Reed LLP,
where he chairs the Arbitration and ADR Group. He served as a member of the AAA
delegation during the 2004 revision of the 1997 ABA-AAA Code of Ethics and was the
Chairman of the AAA's Board of Directors from 2007 to 2010.
Chapter 36: Bethany L. Appleby
Bethany L. Appleby is a lawyer who represents franchisors in franchise litigation and
is a partner in the New Haven, Connecticut, office of Wiggin and Dana LLP.
Chapter 37: Alain Frécon
Alain Frécon has more than 30 years of experience with commercial and corporate
transactions and international litigation. A member of the Minnesota State Bar and a
qualified neutral under Rule 114, Minnesota General Rules of Practice, he has been
serving as an arbitrator since 1976. He serves on the American Arbitration Association
training faculty and is a mediator and arbitrator on the AAA panel for commercial,
international and large, complex cases. He also serves on the panel of CPR and the ICC.
Chapter 38: Steven C. Bennett
Steven C. Bennett is a partner in of Park Jensen Bennett LLP in New York City and the author of ARBITRATION: ESSENTIAL CONCEPTS (2002). The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients.
Chapter 39: John W. Hinchey and Thomas V. Burch
John W. Hinchey is a former partner at King & Spalding LLP, and is now a fulltime
arbitrator and mediator with JAMS, who focuses his practice on domestic and
international construction dispute resolution. He is a Past President of the American
College of Construction Lawyers, former Chair of the ABA Forum on the Construction
Industry He is co-author of a treatise, the International Construction Arbitration
Handbook, published by ThomsonWest (2015 ed). He is a CIArb Chartered Arbitrator
and currently arbitrates disputes for the American Arbitration Association, JAMS, the
ICC, CPR, and the London Court of International Arbitration.
Thomas V. Burch joined the Georgia Law faculty in 2011 after starting his academic career as an assistant visiting professor at the Florida State University College of Law in 2009. He works closely with the law school's moot court program and Appellate Litigation Clinic. Before entering the legal academy in 2009, Burch was a litigation associate at King & Spalding in Atlanta, Ga.; Balch & Bingham in Birmingham, Ala.; and Hopping Green & Sams in Tallahassee, Fla.
Chapter 40: Michael D. Nolan and Andrew M. Leblanc
Michael D. Nolan is a partner in the Litigation and Arbitration Groups, and Andrew
M. Leblanc is a partner in the Financial Restructuring and Litigation Groups, in the
Washington D.C. office of Milbank, Tweed, Hadley & McCloy LLP.
Chapter 41: Richard J. DeWitt and Richard J. DeWitt, III
Richard J. DeWitt is a principal at DeWitt Law/ Resolve Disputes in Coral Gables, Florida. He has over 35 years’ experience as a business and technology attorney and business executive. Mr. DeWitt serves as an arbitrator and mediator in domestic and international commercial, business, technology and employment disputes. He is a member of the American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators the International Centre for Dispute Resolution Panel of Neutrals. He is also a Member of the CPR Institute panel of Neutrals and the CDRS Panel of Neutrals. He is a Florida Supreme Court Certificated Arbitrator and Florida Supreme Court Certified Circuit Civil Court Mediator. Mr. DeWitt is a member of the Florida Bar, a Fellow of the College of Commercial Arbitrators and Distinguished Fellow of International Academy of Mediators and a member of the National Academy of Distinguished Neutrals.
Richard J. DeWitt, III is an attorney at Arnstein & Lehr, LLP, in Ft. Lauderdale, Florida. He practices in the areas of land use, eminent domain, and government relations. He is a member of the Florida Bar
Chapter 42: Stephen P. Gilbert
Stephen P. Gilbert is a patent, trademark, and copyright Attorney, an Arbitrator, and a Mediator and was a Partner at a major multinational law firm for over two decades, where he was co-leader of its IP practice group. He is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators. Before becoming a lawyer, he worked as a chemical engineer and a computer programmer.
Chapter 43: Steven C. Bennett
The author is a partner at Park Jensen Bennett LLP in New York City. The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients. Marie Aveni, a summer associate at Jones Day, assisted in the preparation of this article.
Chapter 44: Archis A. Parasharami and Kevin Ranlett
Archis A. Parasharami and Kevin Ranlett are partners in Mayer Brown LLP's Supreme Court & Appellate Practice and its Consumer Litigation & Class Actions Practice, of which Archis is co-chair.
The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Contributors:
Chapter 1: John Henn
John H. Henn is an arbitrator, and sometime ADR counsel to Foley Hoag LLP, in
Boston, where he was a partner for over thirty years. He serves on the commercial, large
complex case, international and national panels of the American Arbitration Association.
He also serves as an arbitrator for CRP and FINRA. He has over forty-five years of
experience in business and commercial litigation and experience as a sole arbitrator and
panel chairman.
Chapter 2: Louis L.C. Chang
Louis L.C. Chang is a mediator, arbitrator, and lawyer in Honolulu, Hawaii. Since
1973, he has worked primarily on commercial and contract matters, construction,
insurance and labor and employment disputes. Reflecting the growth of ADR, his
practice has increasingly involved increased service as a mediator, arbitrator, facilitator,
umpire and discovery master. Mr. Chang serves on panels of a number of ADR provider
organizations, including the American Arbitration Association, Dispute Prevention &
Resolution, Inc., and the Federal Mediation & Conciliation Service. He also serves on the
arbitration panel of the Hawaii Labor Relations Board and on the mediation panel of the
federal and bankruptcy court in Hawaii.
Chapter 3: Kent B. Scott and Adam T. Mow
Kent B. Scott is a shareholder in Babcock Scott & Babcock, a construction law firm in Salt Lake City, as well as an arbitrator and mediator. Adam T. Mow is an attorney with Jones Waldo Holbrook & McDonough in the Salt Lake City office, specializing in construction law. Mr. Mow also serves as an arbitrator and mediator. Both authors serve on the commercial panel of the American Arbitration Association and both are members of the Utah Bar Association's Dispute Resolution Section and Utah Dispute Resolution. In addition, Mr. Scott serves on the panel for the U.S. District Court (Utah) and is a member of the ABA's Dispute Resolution Section and its Forum on the Construction Industry.
Chapter 4: Donald L. Carper and John B. LaRocco
The authors teach at the College of Business Administration, California State
University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association's labor panel
Chapter 5: Scott D. Marrs and Sean P. Milligan
Scott D. Marrs is a partner at Beirne, Maynard & Parsons, L.L.P., in Houston, Texas. He represents clients in commercial disputes in court, and arbitration throughout the country and serves as arbitrator on the American Arbitration Association's Commercial panel.
Sean P. Milligan is Senior Counsel at Claim Legal Travelers in Houston, Texas.
Chapter 6: John Arrastia, Jr.
John Arrastia, Jr., a Miami, Florida-based attorney, practices mainly in the areas of domestic and international commercial litigation and arbitration. He has represented quasi-governmental entities as well as commercial enterprises of every size, both public and private. He serves on the AAA panel of arbitrators. He holds an LL.M. in international arbitration and litigation from Cambridge University.
Chapter 7: Evan Slavitt
Evan Slavitt is the General Counsel of a publicly traded corporation and is an AAA arbitrator.
Chapter 8: Jay E. Grenig and Rocco M. Scanza
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a National Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as
an Arbitrator or Mediator in over 2,000 labor and employment disputes. A member of the
National Academy of Arbitrators, the American Law Institute, and the Order of the Coif,
Professor Grenig is also a fellow of the College of Labor and Employment Lawyers. He
formerly chaired the Labor and Employment Law Section of the Association of American
Law Schools and served as a consultant to the National Commission on Employment
Policy. He has written or co-written numerous books and articles.
Chapter 9: Judith B. Ittig and Harold Coleman, Jr.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and the AAA's Construction Mega Project Panel. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is a Fellow of the American College of Construction Lawyers, a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London), and a Fellow of the College of Commercial Arbitrators. Harold Coleman, Jr., Esq., is senior vice president for mediation at the American Arbitration Association (AAA) and executive director/mediator for MEDIATION.org, a division of the AAA. Coleman also trains new AAA arbitrators and aspiring mediators in basic/advanced arbitration case management techniques and basic/advanced mediation skills. A former multi-disciplinary project manager and complex litigation attorney, Coleman has mediated and arbitrated multiplied hundreds of litigated and non-litigated disputes during a 28-year legal and ADR career. He is a Fellow and director of the College of Commercial Arbitrators (CCA) and board member of the International Mediation Institute (IMI). Coleman serves from the Association's Los Angeles and New York offices.
Chapter 10: Michael Chambers
Michael Chambers is a member of the AAA commercial, large complex case, employment and international panels. He has often served as a trainer at AAA training programs and previously co chaired several national panels of arbitrators created in class action settlements. Licensed to practice law in New York, Washington, D.C., and Alabama, he is of counsel to the Alabama-based firm of Cabaniss, Johnston, Gardner, Dumas & O’Neal LLP. He holds a J.D. degree from the University of Alabama and a doctorate from the University of Geneva in Switzerland. He has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
Chapter 11: Judith B. Ittig and Michael J. Bayard
Michael J. Bayard is a full-time construction arbitrator, mediator and project neutral. He chairs the AAA's Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct professor. He was recently named to the AAA's National Construction Master Arbitrator Roster.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial arbitrator panel, and is on the AAA's National Construction Master Arbitrator Roster. Mrs. Ittig, an attorney at Ittig & Ittig, P.C. based in Washington, DC, is also a Fellow of the American College of Construction Lawyers and a Chartered Arbitrator/Fellow of the Chartered Institute of Arbitrators (London).
Chapter 12: Jeffrey P. Aiken
Jeffrey Aiken is semi-retired, having practiced with the law firm of Whyte
Hirschboeck Dudek, S.C. where he was involved in arbitration practice as a neutral and
party representative for nearly 40 years in addition to serving as a commercial litigator
and transactional attorney. He continues to serve on the AAA''s Large and Complex
Claim panels for construction and other commercial disputes.
Chapter 13: Charles J. Moxley, Jr.
Charles J. Moxley, Jr., the principal in Moxley ADR LLC, has been an arbitrator on
panels of the American Arbitration Association (AAA) for over 35 years, presiding over
more than 250 cases, many of them large and complex involving multiple parties,
substantial issues and high stakes. He trains arbitrators for the Dispute Resolution (DR)
Section of the New York State Bar Association (NYSBA), teaches arbitration law at
Fordham Law School, and serves as Distinguished ADR Practitioner in Residence at the
Benjamin N. Cardozo School of law. He was recently selected by the AAA to provide
training in effective arbitration practices in AAA training programs This article is adapted
from a presentation he made at the American Arbitration Association in New York in
June 2005 on the process of selecting an arbitrator. Mr. Moxley welcomes comments
from readers about their experiences with arbitrator selection
Chapter 14: Stanley Weinstein
Stanley Weinstein, a non-practicing attorney and CPA, is an arbitrator specializing
in commercial and real estate disputes. He has been on the American Arbitration
Association roster since 1994
Chapter 15: Robert D. Taichert
The late Robert D. Taichert (d. 2013) was a prominent Albuquerque attorney of
counsel to Hinkle, Hensley, Shanor & Martin, LLP. He served on the roster of the
American Arbitration Association for commercial, construction and large, complex cases.
Mr. Taichert had written and lectured on a variety of ADR subjects. He chaired the
Revised Uniform Arbitration Act subcommittee of the AAA's New Mexico Advisory
Committee.
Chapter 16: Jeffrey Aiken
Jeffrey Aiken is semi-retired, having practiced with the law firm of Whyte Hirschboeck Dudek,S.C. where he was involved in arbitration practice as a neutral and party representative for nearly 40 years in addition to serving as a commercial litigator and transactional attorney. He continues to serve on the AAA's Large and Complex Claim panels for construction and other commercial disputes.
Chapter 17: Judith B. Ittig and Michael J. Bayard
Michael J. Bayard is a full-time construction arbitrator, mediator and project neutral. He chairs the AAA's Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct professor. He was recently named to the AAA's National Construction Master Arbitrator Roster.
Judith Ittig serves on the AAA's commercial arbitrator panel, the ICDR's commercial
arbitrator panel, and the AAA's Construction Mega Project Panel. Mrs. Ittig, an attorney
at Ittig & Ittig, P.C. based in Washington, DC, is a Fellow of the American College of
Construction Lawyers, a Chartered Arbitrator/Fellow of the Chartered Institute of
Arbitrators (London), and a Fellow of the College of Commercial Arbitrators.
Chapter 18: Mitchell Marinello and Robert Matlin
Mitchell Marinello is a Partner with the law firm of Novack and Macey. Robert
Matlin is Senior Vice President with the American Arbitration Association.
Chapter 19: David E. Robbins
David E. Robbins has been an AAA arbitrator for 30 years and is a partner in Kaufmann, Gildin & Robbins LLP, in New York City, where he specializes in commercial arbitration, mediation and disciplinary proceedings before regulatory authorities. Previously, he served as Special Deputy Attorney General of New York State and was Director of the Compliance, Arbitration and Disciplinary Hearings Departments of the American Stock Exchange. The author of the Securities Arbitration Procedure Manual (5th ed., 2015, Matthew Bender/Lexis/Nexis), he also writes the annual "Practice Commentary" in Article 23-A of the New York General Business Law for McKinney's Consolidated Laws of New York. In addition, he chairs the New York State Bar Association program on securities arbitration and mediation.
Chapter 20: M. Ross Shulmister
M. Ross Shulmister is a retired USAF officer, who has been a Florida attorney for more than 40 years, also serving as an AAA arbitrator for more than 30 years. He serves on AAA's Commercial, Construction, and Consumer panels. He is also certified as a state court arbitrator by the Fla. Supreme Court, serving in the 17th Circuit (Ft. Lauderdale area).
Chapter 21: Thomas W. H. Barlow
Thomas W. H. Barlow is a partner in the Troy office of Giarmarco, Mullins &
Horton, P.C. A labor and employment lawyer, he has more than 40 years of experience
representing management in the negotiation and administration of collective bargaining
agreements and in defending management in discrimination, harassment, wrongful
dismissal, Sarbanes-Oxley, whistle-blowing, and retaliation cases. Nickolas Guttman, a
summer associate, helped prepare this article.
Chapter 22: Bruce E. Meyerson
Bruce E. Meyerson, a mediator and arbitrator in Phoenix, Arizona, serves on the American Arbitration Association's roster of neutrals and is a member of the Association's Board of Directors. He formerly served as a Judge on the Arizona Court of Appeals and was General Counsel of Arizona State University. He is a past chair of the American Bar Association Section of Dispute Resolution.
Chapter 23: Alfred G. Ferris and W. Lee Biddle
Alfred G. Ferris is a full-time neutral and a commercial, construction and employment arbitrator and mediator. He serves on the American Arbitration Association's Large, Complex Case Panel. He is of counsel with the San Diego law firm of Ferris & Britton APC, of which he was a founding partner.
W. Lee Biddle is an associate with the firm, practicing in the area of business litigation.
Chapter 24: Thomas D. Halket
Thomas D. Halket is a partner in Halket Weitz LLP in New York and an adjunct professor at the Fordham University School of Law where he teaches courses on International Arbitration, IP Transactions Law and Entrepreneurship Law. An experienced arbitrator and mediator, he has chaired the American Arbitration Association's Technology Advisory Committee and is a member of the AAA's commercial, large complex, technology and IP and international panels. He also serves on the panels of the Chartered Institute of Arbitrators, the CPR Institute for Dispute Resolution and the World Intellectual Property Organization, among others. He is a Fellow of the Chartered Institute and Chartered Arbitrator, a Fellow of the College of Commercial Arbitrators, a Member of the London Court of International Arbitration and a Freeman of the Worshipful Company of Arbitrators.
Chapter 25: Leslie Trager
Leslie Trager is a practicing attorney in New York City. He also serves on the
American Arbitration Association's panel of commercial arbitrators.
Chapter 26: Steven C. Bennett
Steven C. Bennett is a partner at Park Jensen Bennett LLP in New York City. He coteaches a course on e-discovery at Rutgers Law School. The views expressed are solely those of the author and should not be attributed to the author's firm or its clients.
Chapter 27: Irene C. Warshauer
Irene C. Warshauer is an active attorney, arbitrator and mediator in New York City.
She serves on the American Arbitration Association's panel of arbitrators and mediators.
Chapter 28: Angela Foster
Angela Foster, Ph.D., J.D. is a patent attorney of the Law Office of Angela Foster,
in North Brunswick, NJ. The firm specializes in intellectual property matters and
alternative dispute resolution
Chapter 29: Leslie Trager
Leslie Trager is a practicing attorney in New York City. He also serves on the
American Arbitration Association's panel of commercial arbitrators
Chapter 30: Charles E. Harris II
Mr. Harris is a partner in the Litigation & Dispute Resolution Group at Mayer
Brown LLP in Chicago. He has represented clients in domestic and international
arbitrations and other forms of dispute resolution. He also has a varied litigation practice.
Prior to joining the firm, he was a law clerk for the Hon. David D. Dowd Jr., U. S.
District Court, Northern District of Ohio
Chapter 31: George Ruttinger, Joe Meadows, and April Ham
George Ruttinger is a partner in the Government Contracts and International Dispute Resolution Groups of Crowell & Moring LLP. He is in Crowell's Washington, D.C. office and specializes in contract litigation and counseling. He has represented clients in state and federal courts, arbitration proceedings, mini-trials, mediations, and federal administrative agencies.
Joe Meadows is a litigation counsel in Crowell & Moring's Washington, D.C. office, where he specializes in complex commercial litigation and arbitration matters, frequently working with and writing about experts.
April Ham is a litigation and antitrust associate in Crowell & Moring's San
Francisco, California office.
Chapter 32: Raymond G. Bender
Raymond G. Bender is an independent commercial Arbitrator serving in U.S. domestic and international disputes. He is a member of the American Arbitration Association's Roster of Commercial Arbitrators for Washington, D.C., Technology, and Large Complex Cases; the CPR Panel of Distinguished Neutral Arbitrators for Washington, D.C., Technology, and Cross-Border disputes; and the International Center for Dispute Resolution (ICDR) Panel of International Arbitrators. Mr. Bender has served in International Chamber of Commerce (ICC) and ad hoc arbitrations as well. He also is an Adjunct Professor at the Washington College of Law, American University, Washington DC, where he teaches Alternative Dispute Resolution Law.
Chapter 33: Charles J. Moxley, Jr.
Charles J. Moxley, Jr., the principal in MoxleyADR LLC, has been an arbitrator on
panels of the American Arbitration Association (AAA) for over 35 years, presiding over
more than 250 cases, many of them large and complex involving multiple parties,
substantial issues and high stakes. He trains arbitrators for the Dispute Resolution (DR)
Section of the New York State Bar Association (NYSBA), teaches arbitration law at
Fordham Law School, and serves as Distinguished ADR Practitioner in Residence at the
Benjamin N. Cardozo School of law. He was recently selected by the AAA to provide
training in effective arbitration practices in AAA training programs. This article is
adapted from a presentation he made at the American Arbitration Association in New
York in June 2005 on the process of selecting an arbitrator. Mr. Moxley welcomes
comments from readers about their experiences with arbitrator selection.
Chapter 34: Philip D. O'Neill, Jr.
Philip D. O'Neill, Jr. is a domestic and international commercial arbitrator. Mr. O’Neill was the Nomura Lecturer in Law on International Arbitration at Harvard Law School in 2005. He has been an adjunct professor of international arbitration at Boston College Law School since 1989, and at Boston University Law School since 2011. Mr. O'Neill is a Fellow in the College of Commercial Arbitrators, and the Chartered Institute of Arbitrators. He is a chartered arbitrator as well.
Chapter 35: Bruce E. Meyerson and John M. Townsend
Bruce E. Meyerson, a Mediator and Arbitrator in Phoenix, Arizona, is a former
Judge of the Arizona Court of Appeals and a past chair of the ABA Section of Dispute
Resolution. He participated as a member of the ABA delegation on the 2004 revision of
the 1977 AAA-ABA Code of Ethics. He is an Adjunct Professor at the Arizona State
University College of Law where he teaches ADR courses, including the course on
Arbitration.
John M. Townsend is a Washington, D.C., Partner of Hughes Hubbard & Reed LLP,
where he chairs the Arbitration and ADR Group. He served as a member of the AAA
delegation during the 2004 revision of the 1997 ABA-AAA Code of Ethics and was the
Chairman of the AAA's Board of Directors from 2007 to 2010.
Chapter 36: Bethany L. Appleby
Bethany L. Appleby is a lawyer who represents franchisors in franchise litigation and
is a partner in the New Haven, Connecticut, office of Wiggin and Dana LLP.
Chapter 37: Alain Frécon
Alain Frécon has more than 30 years of experience with commercial and corporate
transactions and international litigation. A member of the Minnesota State Bar and a
qualified neutral under Rule 114, Minnesota General Rules of Practice, he has been
serving as an arbitrator since 1976. He serves on the American Arbitration Association
training faculty and is a mediator and arbitrator on the AAA panel for commercial,
international and large, complex cases. He also serves on the panel of CPR and the ICC.
Chapter 38: Steven C. Bennett
Steven C. Bennett is a partner in of Park Jensen Bennett LLP in New York City and the author of ARBITRATION: ESSENTIAL CONCEPTS (2002). The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients.
Chapter 39: John W. Hinchey and Thomas V. Burch
John W. Hinchey is a former partner at King & Spalding LLP, and is now a fulltime
arbitrator and mediator with JAMS, who focuses his practice on domestic and
international construction dispute resolution. He is a Past President of the American
College of Construction Lawyers, former Chair of the ABA Forum on the Construction
Industry He is co-author of a treatise, the International Construction Arbitration
Handbook, published by ThomsonWest (2015 ed). He is a CIArb Chartered Arbitrator
and currently arbitrates disputes for the American Arbitration Association, JAMS, the
ICC, CPR, and the London Court of International Arbitration.
Thomas V. Burch joined the Georgia Law faculty in 2011 after starting his academic career as an assistant visiting professor at the Florida State University College of Law in 2009. He works closely with the law school's moot court program and Appellate Litigation Clinic. Before entering the legal academy in 2009, Burch was a litigation associate at King & Spalding in Atlanta, Ga.; Balch & Bingham in Birmingham, Ala.; and Hopping Green & Sams in Tallahassee, Fla.
Chapter 40: Michael D. Nolan and Andrew M. Leblanc
Michael D. Nolan is a partner in the Litigation and Arbitration Groups, and Andrew
M. Leblanc is a partner in the Financial Restructuring and Litigation Groups, in the
Washington D.C. office of Milbank, Tweed, Hadley & McCloy LLP.
Chapter 41: Richard J. DeWitt and Richard J. DeWitt, III
Richard J. DeWitt is a principal at DeWitt Law/ Resolve Disputes in Coral Gables, Florida. He has over 35 years’ experience as a business and technology attorney and business executive. Mr. DeWitt serves as an arbitrator and mediator in domestic and international commercial, business, technology and employment disputes. He is a member of the American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators the International Centre for Dispute Resolution Panel of Neutrals. He is also a Member of the CPR Institute panel of Neutrals and the CDRS Panel of Neutrals. He is a Florida Supreme Court Certificated Arbitrator and Florida Supreme Court Certified Circuit Civil Court Mediator. Mr. DeWitt is a member of the Florida Bar, a Fellow of the College of Commercial Arbitrators and Distinguished Fellow of International Academy of Mediators and a member of the National Academy of Distinguished Neutrals.
Richard J. DeWitt, III is an attorney at Arnstein & Lehr, LLP, in Ft. Lauderdale, Florida. He practices in the areas of land use, eminent domain, and government relations. He is a member of the Florida Bar
Chapter 42: Stephen P. Gilbert
Stephen P. Gilbert is a patent, trademark, and copyright Attorney, an Arbitrator, and a Mediator and was a Partner at a major multinational law firm for over two decades, where he was co-leader of its IP practice group. He is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators. Before becoming a lawyer, he worked as a chemical engineer and a computer programmer.
Chapter 43: Steven C. Bennett
The author is a partner at Park Jensen Bennett LLP in New York City. The views expressed are solely those of the author, and should not be attributed to the author's firm or its clients. Marie Aveni, a summer associate at Jones Day, assisted in the preparation of this article.
Chapter 44: Archis A. Parasharami and Kevin Ranlett
Archis A. Parasharami and Kevin Ranlett are partners in Mayer Brown LLP's Supreme Court & Appellate Practice and its Consumer Litigation & Class Actions Practice, of which Archis is co-chair.
TABLE OF CONTENTS
Foreword
PART I: Issues in Arbitration Practice and Procedure
Chapter 1
Where Should You Litigate Your Business Dispute?
In an Arbitration or Through the Courts?
John H. Henn
Chapter 2
Keeping Arbitration Easy, Efficient, Economical
and User Friendly
Louis L. C. Chang
Chapter 3
Creating an Economical and Efficient Arbitration Process Is
Everyone's Business
Kent B. Scott and Adam T. Mow
Chapter 4
What Parties Might Be Giving Up and Gaining When
Deciding Not to Litigate: A Comparison of Litigation,
Arbitration and Mediation
Donald L. Carper and John B. LaRocco
Chapter 5
Major Arbitration Issues Recently Addressed by Courts
Scott D. Marrs and Sean P. Milligan
PART II: Key Ingredients for a Better Arbitration
Chapter 6
You Control the Process v. the Process Controls You
John Arrastia, Jr.
Chapter 7
Telling the Story: Integrating Witnesses, Experts, and
Documents into a Cohesive Narrative in Arbitration
Evan Slavitt
Chapter 8
Developing a Case Theory and a Case Theme
Jay E. Grenig and Rocco M. Scanza
Chapter 9
Top 20 Mistakes Attorneys Make in Arbitration and
How to Avoid Them
Judith B. Ittig and Harold Coleman, Jr.
Chapter 10
A Preliminary Hearing Is Not Enough: Tips for a
Well-Managed Arbitration
Michael Chambers
Chapter 11
Thirty Steps to a Better Arbitration
Judith B. Ittig and Michael J. Bayard
PART III: Arbitrator Selection and Conduct
Chapter 12
Due Diligence in Arbitrator Selection: Using Interviews
and Written "Voir Dire"
Jeffrey P. Aiken
Chapter 13
Selecting the Ideal Arbitrator
Charles J. Moxley, Jr.
Chapter 14
An Arbitrator's Wish List
Stanley Weinstein
Chapter 15
Why Not Provide for Neutral Party-Appointed Arbitrators?
Robert D. Taichert
Chapter 16
The Stoic Arbitrator v. the Activist Arbitrator-
A Solution
Jeffrey Aiken
Chapter 17
Chairing an Arbitration
Judith B. Ittig and Michael J. Bayard
Chapter 18
Muscular Arbitration and Arbitrators Self-Management
Can Make Arbitration Faster and More Economical
Mitchell Marinello and Robert Matlin
Chapter 19
Calling All Arbitrators: Reclaim Control of the
Arbitration Process - the Courts Let You
David E. Robbins
Chapter 20
Attorney Arbitrators Should Research Law: Permission
of the Parties to Do so Is Not Required
M. Ross Shulmister
PART IV: Arbitration Procedure
Chapter 21
The Enforceability of Class Action Waivers in
Arbitration Clauses
Thomas W. H. Barlow
Chapter 22
An Update on Multijurisdictional Practice and ADR
Bruce E. Meyerson
Chapter 23
The Use of Dispositive Motions in Arbitration
Alfred G. Ferris and W. Lee Biddle
Chapter 24
Improving Arbitration Through Technology:
A Quest for Basic Principles
Thomas D. Halket
PART V: Discovery and Evidence in Arbitration
Chapter 25
Organizing Documents for Arbitration
Leslie Trager
Chapter 26
E-Discovery Issues: What Parties and Their Counsel
Need to Know in Anticipation of and During Arbitration
Steven C. Bennett
Chapter 27
Electronic Discovery in Arbitration: Privilege Issues and
Spoliation of Evidence
Irene C. Warshauer
Chapter 28
Waiver of Privilege under Federal Evidence Rule 502
and Arbitration Proceedings
Angela Foster
Chapter 29
The Use of Subpoenas in Arbitration
Leslie Trager
Chapter 30
Enforcing Arbitral Subpoenas: Reconsidering Federal
Question Jurisdiction Under FAA Section 7
Charles E. Harris II
Chapter 31
Using Experts in Arbitration
George Ruttinger, Joe Meadows, and April Ham
Chapter 32
Resenting Witness Testimony in U.S. Domestic
Arbitration: Should Written Witness Statements
Become the Norm?
Raymond G. Bender
Chapter 33
Discovery in Commercial Arbitration:
How Arbitrators Think
Charles J. Moxley, Jr.
Chapter 34
The Development of Remedial Power: Arbitrators’
Ability to Award Monetary Sanctions
Philip D. O’Neill, Jr.
PART VI: Ethics in Arbitration Practice
Chapter 35
2004 Code of Ethics for Commercial Arbitrators Explained
Bruce E. Meyerson and John M. Townsend
Chapter 36
Must Arbitrators Investigate in Connection with Their
Disclosures? Some Courts Open the Door to Evident
Partiality Attacks
Bethany L. Appleby
Chapter 37
Delaying Tactics in Arbitration
Alain Frécon
Chapter 38
Who Is Responsible for Ethical Behavior by Counsel in
Arbitration?
Steven C. Bennett
Chapter 39
An Arbitrator's Authority to Award Attorney Fees for
Bad-Faith Arbitration
John W. Hinchey and Thomas V. Burch
PART VII: Damages, Judicial Review and Enforcement of
Arbitration Awards
Chapter 40
The Punitive Damages Remedy: Lessons for Drafters of
Arbitration Agreements
Michael D. Nolan and Andrew M. Leblanc
Chapter 41
No Pay No Play: How to Solve the Non-Paying Party
Problem in Arbitration
Richard J. DeWitt and Richard J. DeWitt, III
Chapter 42
Prevailing Parties and Attorneys' Fees
Stephen P. Gilbert
Chapter 43
Enforceability of Religious Arbitration Agreements
and Awards
Steven C. Bennett
Chapter 44
Supreme Court Addresses Volt's Choice-of-Law Trap:
Is the End of the Problem in Sight?
Archis A. Parasharami and Kevin Ranlett
Index