Interim Measures in the United States in Aid of Arbitration
As commercial arbitration has grown in importance around the world so too have arbitration awards and the stakes involved in enforcing them. Interim Measures in the United States in Aid of Arbitration is an informative guide on the role U.S. state courts play in providing access to interim relief in arbitration proceedings. State law governs the availability of pre-award attachments of assets and so it is to specific state courts that claimants must turn for help, but how to navigate through the process? How to correctly interpret the law? What steps must claimants take to ensure timely progress on injunctions to keep an award from becoming a mere paper tiger?
In Interim Measures in the United States in Aid of Arbitration editors Lawrence Newman, Ronald Brand and Houston Putnam Lowry combined decades of experience as scholars, arbitrators and litigators to devise a book whose 22 chapters provide answers to these questions and many others, by way of a convenient, uniform template that permits ready comparison of similar legal provisions in various states.
The book shows how to determine not just whether relief is even available or how broad the relief may be, but what hurdles must be overcome to obtain it. Authored by a roster of 36 distinguished contributors, the book covers 22 jurisdictions -- all chosen because of their extensive involvement in banking and other commercial activities, and the greater likelihood of their having assets of respondents that could be the target of attachment proceedings. Claimants and respondents will quickly find in the pages of this volume the means to understand the letter of the law by state, and a trove of practitioner insights that will prove to be of invaluable assistance in the formulation and implementation of successful arbitration strategies.
PDF OF TITLE PAGE AND T.O.C.
CONTENTS
Foreword
About the Editors
About the Contributors
Introduction
Questionnaire
CHAPTER 1
Arizona
Mark E. Lassiter
CHAPTER 2
California
Maria Chedid, John Muse-Fisher and Isaac Ramsey
CHAPTER 3
Connecticut
Houston Putnam Lowry
CHAPTER 4
Delaware
Robert J. KatzensteinC
CHAPTER 5
Florida
Edward M. Mullins, M. Cristina Cárdenas, and Christina Olivos
CHAPTER 6
Georgia
Shelby R. Grubbs and Alexander C. Vey
CHAPTER 7
Illinois
Laura Kelly, Kyle Olson and Michael L. Morkin
CHAPTER 8
Louisiana
James M. Garner and Jeffrey D. Kessler
CHAPTER 9
Maryland
William M. Krulak and Megan J. McGinnis
CHAPTER 10
Massachusetts
Daniel Schimmel, Shrutih Tewarie, Christopher Modish and Foley Hoag
CHAPTER 11
Michigan
Alan M. Kanter
CHAPTER 12
Nebraska
Adam R. Feeney
CHAPTER 13
Nevada
Louis M. Bubala III
CHAPTER 14
New Jersey
Robert E. Bartkus
CHAPTER 15
New York
Marc Goldstein
CHAPTER 16
North Carolina
H. Arthur Bolick II
CHAPTER 17
Pennsylvania
Robert L. Byer and Rachel M. Good
CHAPTER 18
South Carolina
M. Dawes Cooke, Jr. and John Fletcher
CHAPTER 19
Texas
R. Doak Bishop and Sara K. McBrearty
CHAPTER 20
Virginia
Thomas H. Roberts
CHAPTER 21
Washington
Scott S. Anders
CHAPTER 22
Wisconsin
William H. Levit, Jr.
Lawrence W. Newman is of Counsel in the New York office of Baker & McKenzie, where his practice consists of international litigation and arbitration. He has served as counsel and arbitrator in numerous domestic and international arbitration proceedings. He has been for several years the Chairman of the International Arbitration Club of New York. He is the past Chair of the International Commercial Disputes and the International Practice committees of the New York City Bar and of the Arbitration Committee of the CPR Institute for Conflict Prevention and Resolution. and of the Arbitration Sub-Committee of the Practice and Standards Committee of the Chartered Institute of Arbitrators, of which he is a Fellow (FCIArb). He is a Fellow of the College of Commercial Arbitrators and an elected member of the American Law Institute, where he served as one of the Advisers to the Restatement of US Law of Commercial and Investor-State Arbitration. Mr. Newman is the co-author of the treatise “Litigating International Commercial Disputes” (West 1996) and he has been for many years co-author of a column in the New York Law Journal, “International Litigation.” He is coeditor and contributor to the Leading Arbitrators Guide to international Arbitration (three editions) and “Take the Witness: Cross-Examination in International Arbitration” (two editions). He is the founder and cofounder of several annual international arbitration conferences, including conferences on damages and the enforcement of arbitration awards. He is listed in various annual directories including Thought Leaders — Arbitration. He is a graduate of Harvard College and the Harvard Law School.
Ronald A. Brand is the Chancellor Mark A. Nordenberg University Professor of Law, John E. Murray Faculty Scholar, and the founding Director (now Academic Director) of the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law. His teaching focuses on international business transactions and dispute resolution, including a course on International Commercial Arbitration. He has given a course on private international law at the Hague Academy of International Law, has been a Fulbright Scholar in Belgium, has been a Fellow of the Institute of Advanced Studies at the University of Bologna, and has taught courses and lectured in numerous countries. He has received the ABA Section on International Law’s Leonard A. Theberge Award in Private International Law, the University of Pittsburgh Sheth Distinguished Faculty Award for International Achievement, and a Dr. Jur. honoris causa from the University of Augsburg. Brand was a member of the U.S. Delegation to the Special Commissions and Diplomatic Conferences of The Hague Conference on Private International Law that concluded the 2005 Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, and now is a U.S. representative to the Working Group considering a Convention on Parallel Proceedings. He has worked for over 15 years with the US Commerce Department Commercial Law Development Program (CLDP) to provide international commercial arbitration training to students more than 40 countries in the Middle East, Eastern Europe and Eurasia, Africa, and Asia.
Houston Putnam Lowry is a member of Ford & Paulekas, LLP in Hartford, Connecticut and practices in the areas of complex commercial litigation, including arbitration (including enforcement and vacatur of arbitral awards), mediation, creditor bankruptcy matters (including related litigation), foreclosures, contract disputes, unfair trade practices matters, uniform domain name dispute resolution procedures (UDRP), computer crime matters, tax matters, international matters and enforcement of foreign judgments (domestic and international). Mr. Lowry has chaired the Connecticut Bar Association’s Section of Alternative Dispute Resolution. He is a Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator and a Liveryman of the Worshipful Company of Arbitrators (London). He represented the American Bar Association’s Section of International Law during the drafting of the Restatement of US Law of Commercial and Investor-State Arbitration. He has acted as a neutral in over 750 reported UDRP cases.
CONTRIBUTORS
Arizona
Mark A. Lassiter (Arizona) became an arbitrator for the American Arbitration Association (the AAA) in 1991, and serves as a member of its Commercial, Construction Industry and Large and Complex Case Panels. He is also a Fellow in the College of Commercial Arbitrators, and serves on the panel of the International Centre for Dispute Resolution (the ICDR). Mr. Lassiter has extensive experience in arbitrations administered by the AAA and the ICDR as both an arbitrator and counsel for various parties, including arbitrator appointments in AAA matters in California, Arizona, Colorado, New Mexico, Texas, and Nevada in dozens of disputes relating to a wide variety of dispute types, including Construction litigation, Business & Employment cases, Technology and e-Commerce, Real Estate, Commercial Leases and many other matters. He also serves as a Mediator for the AAA on similar matters.
California
Maria Chedid is global co-chair of the International Arbitration group at Arnold & Porter. She regularly serves as lead counsel in commercial and investment arbitrations, and frequently is called upon to serve as an arbitrator. Over the last three decades, she has handled arbitrations administered by all major arbitral institutions including the ICC, ICDR, SIAC, LCIA, ICSID, DIAC, CPR, JAMS, PCA, and the AAA, as well as arbitrations conducted under the UNCITRAL Rules, by the Iran-United States Claims Tribunal, and by the United Nations Compensation Commission. Maria Chedid brings a wealth of arbitration experience involving diverse subject matter and expansive geographic reach, and is particularly known for her expertise in technology, IP, and life sciences disputes. She is currently serving her second term as one of two members on the ICC Court of Arbitration representing the United States. Clients “commend her handling of complex disputes,” “praise her ‘highly effective advocacy,’” and describe her as “incisive, a superb strategist and […] unrelenting in achieving the targeted objectives,” while peers note that she is “superbly prepared,” “exceptionally talented,” “relentless,” “very thorough,” “expert in damages issues,” and “largely unflappable.” Ms. Chedid has presented on international dispute resolution and advocacy at conferences worldwide and at numerous law schools, including UC Berkeley, Harvard, Stanford, Columbia, USC, and at the Straus Institute for Dispute Resolution at Pepperdine Law School, where she has taught as an adjunct professor. She is admitted to practice in both New York and California, is multilingual, and is a dual citizen of the United States and Lebanon.
John Muse-Fisher (California) is a Senior Associate at Arnold & Porter and focuses his practice on international arbitration, including commercial and investor-state disputes. Mr. Muse-Fisher also practices in business litigation, including derivative, legal malpractice, breach of contract, class action, and intellectual property matters, as well as issues relating to international service of process under the Hague Service Convention. He also devotes pro bono time to international issues, including those relating to climate change, criminal justice, and immigration, as well as voting rights issues.
Isaac Ramsey (California) is an Associate at Arnold & Porter. His practice encompasses a range of civil litigation matters, including intellectual property and commercial litigation. Mr. Ramsey received his JD and International Law Certificate from the University of California, Berkeley School of Law, where he became a publishing member of the California Law Review and served as an Articles Editor for the Berkeley Journal of International Law. During law school, Mr. Ramsey externed with the Honorable Leondra R. Kruger of the Supreme Court of California and earned distinction for his commitment to pro bono work.
Connecticut
Houston Putnam Lowry (Connecticut) is a Member of Ford & Paulekas, LLP in Hartford, Connecticut and practices in the areas of complex commercial litigation, including arbitration, mediation, creditor bankruptcy matters (including related litigation), foreclosures, contract disputes, landlord-tenant matters, administrative law matters, unfair trade practices matters, uniform domain name dispute resolution procedures (UDRP), computer crime matters, tax matters, international matters and enforcement of foreign judgments (domestic and international). Mr. Lowry has acted as a Neutral in over 700 reported UDRP cases.
Delaware
Robert J. Katzenstein (Delaware) is litigator before the Court of Chancery and a member of the panel of commercial arbitrators of the American Arbitration Association. He handled contests involving the control of corporations and partnerships, stockholder derivative actions, stock list cases and contract cases. He has extensive experience litigating cases in Superior Court, and in particular the Complex Commercial Litigation Division (“CCLD”) of that Court. Mr. Katzenstein is an original member of the CCLD Advisory Committee, which recommended the CCLD policies and procedures.
Jason Z. Miller (Delaware) is an Associate at Smith, Katzenstein & Jenkins LLP. He concentrates his practice on corporate and commercial litigation in the Delaware Court of Chancery, Delaware Superior Court, and the United States District Court for the District of Delaware. Mr. Miller represents clients on a variety of corporate matters, including fiduciary duty claims, corporate and alternative entity control disputes, advancement and indemnification claims, and other breach of contract disputes.
Florida
Cristina Cardenas (Florida) focuses her practice on international arbitration and complex commercial litigation. She is a native Spanish speaker and has experience representing clients in a variety of complex international arbitrations and business disputes. Ms. Cardenas has served as counsel, both in Spanish and in English, before many of the most important arbitral institutions, including the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), and the Inter-American Commercial Arbitration Commission (IACAC). She also coordinates and oversees work of local counsel in connection with litigation proceedings in Latin America.
Edward M. Mullins (Florida) focuses his practice on international commercial litigation and arbitration in which he is board-certified by the Florida Bar. He brings wide experience in litigating and arbitrating disputes involving various issues, including distribution agreements, joint venture agreements, and energy and construction disputes, and he has handled numerous investor-state arbitral disputes. In addition, Edward Mullins serves as an arbitrator, and is a member of the commercial panel of arbitrators for the American Arbitration Association and a fellow of the Chartered Institute of Arbitrators.
Christina Olivos (Florida) is a litigator and focuses her practice on complex commercial litigation. Her experience includes product liability, employment, financial services, and international litigation. A graduate of the University of Virginia School of Law, Ms. Olivos was recently recognized in Best Lawyers’ inaugural “Ones to Watch” list in the area of Alternative Dispute Resolution.
Georgia
Shelby R. Grubbs (Georgia) dispute resolution experience includes work as an arbitrator, mediator and court-appointed special master. As an arbitrator, he has chaired American Arbitration Association (AAA) tribunals and served as sole arbitrator in cases administered by AAA, the International Centre for Dispute Resolution (ICDR) and the International Court of Arbitration (ICC). He is also a panelist for the World Intellectual Property Organization (WIPO) as well as the International Institute for Conflict Prevention & Resolution (CPR). His experience as a court-appointed special master has included a claim brought by the United States against a major health insurer to recover over $1 billion in Medicare payments.
Alexander C. Vey (Georgia) is a litigator, with an emphasis on white collar criminal defense. He also has experience with construction disputes and intellectual property matters. Prior to joining Miller & Martin, Mr. Vey spent two years as part of the Criminal Appeals Division of the Tennessee Attorney General’s Office. He handled over 100 appeals and argued more than two dozen cases before Tennessee’s Court of Criminal Appeals and Supreme Court.
Illinois
Laura Kelly (Illinois) is an associate in Baker McKenzie's Chicago office and advises global companies in complex civil litigation and international arbitration. She has represented clients in proceedings before various arbitral bodies, including the ICC, AAA-ICDR, and JAMS. Ms. Kelly graduated cum laude and Phi Beta Kappa from Vanderbilt University and received her J.D. cum laude from Northwestern University Pritzker School of Law.
Mike Morkin (Illinois) is a Partner at Baker McKenzie and the past global chair of the largest and most experienced international arbitration practice in the world, overseeing 340 lawyers worldwide. He is also the former Managing Partner and a recognized expert on international arbitration and litigation matters. Having successfully managed a significant business to record headcount, brand recognition, revenue and profit, Mr. Morkin brings this unique understanding to his already successful track record as counsel. His expertise has resulted in arbitration awards valued in excess of USD1 billion and industry recognitions including 40 Under Forty Hall of Fame and three time Chicago International Arbitration Lawyer of the Year. Mike Morkin has handled arbitrations in Asia, Latin America, Europe, the Caribbean and throughout the United States under the rules of institutions including the ICC, ICDR, SIAC, SCC, UNCITRAL, AAA, London Maritime Arbitrators Association, and numerous ad hoc arbitrations. He has taught International Commercial Arbitration at The University of Chicago Law School and currently teaches at Loyola University of Chicago Law School and is a frequent lecturer and author on international disputes throughout the US, Europe and Asia. He graduated summa cum laude and Order of the Coif from The University of Illinois College of Law and holds a BA in Mathematics/Computer Science and Physics from Augustana College.
Kyle Richard Olson (Illinois) is a partner in Baker McKenzie's Chicago office and specializes in international arbitration and cross-border advocacy on behalf of multi-national businesses spanning across a range of industries, including: large scale manufacturing/industrial, global hospitality, pharmaceutical, medical device and supplies, healthcare systems, retail products and consumer goods, commercial lending, and engineering/construction. Kyle Richard Olson has led multiple international arbitrations on behalf of U.S. and non-U.S. clients before the world’s major arbitral institutions, including the ICC, AAA-ICDR, SCC, and SIAC, and has tried several arbitrations, through the merits hearing phase, in venues across the U.S. and around the world. He holds a B.A. from Wake Forest University, M.A. from King's College London, J.D. from Northwestern University, and served in the Office of the Prosecutor for the International Criminal Tribunal for former Yugoslavia in The Hague before joining full-time with Baker McKenzie in 2010.
Louisiana
James M. Garner (Louisiana) has served as the Co-Managing Member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. since the firm’s founding in 1999. He is a graduate of Tulane University’s School of Science and Engineering and Tulane Law School. Mr. Garner is a trial lawyer specializing in commercial, complex/ class action litigation, and arbitration. He has served as lead counsel in cases in New Mexico, California, West Virginia, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana, and Texas, involving litigation ranging from insurance coverage, salt mining, asbestos exposure, benzene exposure, mass closings of big box retailers, noise pollution, commercial, banking, bankruptcy, financial litigation, RICO, and “bet-the-company” proceedings arising out of adverse environmental events. He has an active arbitration practice, and he has frequently litigated issues pertaining to the availability of injunctive relief directed against arbitration proceedings.
Jeffrey D. Kessler (Louisiana) is a member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. in New Orleans, Louisiana. A native Michigander, Mr. Kessler graduated from Duke University in 1998 and the University of Virginia School of Law in 2002. His practice includes a broad array of complex commercial litigation and employment disputes. He has extensive experience in arbitration and in the interplay between courts and arbitration tribunals, and specifically, he has litigated issues pertaining to the availability of injunctive relief directed against arbitral proceedings.
Maryland
William M. Krulak, Jr. (Maryland) is a partner and member of the Commercial and Business Litigation group at Miles & Stockbridge P.C., based in Baltimore, Maryland. He received his undergraduate education at Dartmouth College and obtained his JD from the University of Virginia School of Law. Mr. Krulak provides litigation services for a wide variety of matters arising out of commercial and business disputes and is an experienced litigator at both the trial and appellate levels.
Megan Jeanette McGinnis (Maryland) is an associate the Commercial and Business Litigation group at Miles & Stockbridge P.C. She received his undergraduate education at the University of Missouri and obtained her JD from the University of Maryland School of Law. Prior to entering private practice, Ms. McGinnis clerked for two years at the United States District Court for the District of Maryland.
Massachusetts
Christopher Modlish (Massachusetts) Chris Modlish is an associate in Foley Hoag’s Litigation Department. He works on general litigation matters, complex commercial disputes, and white collar crime and government investigations. Mr. Modlish also represents foreign sovereign governments and their instrumentalities in U.S. court litigation and international arbitration. He is also active in the firm’s pro bono program, working with clients on immigration matters, and defending clients charged with criminal offenses.
Daniel Schimmel (Massachusetts) Daniel Schimmel is a partner in Foley Hoag's International Litigation and Arbitration Department, resident in New York. He leads the international arbitration and litigation practice of Foley Hoag’s New York office. Mr. Schimmel has served as Chair, Sole Arbitrator, Co-Arbitrator, Emergency Arbitrator, Appellate Arbitrator, and counsel in international arbitrations arising from a broad range of contracts and transactions, including construction and infrastructure projects, patent license agreements, joint development agreements, mergers and acquisitions, shareholders’ agreements, joint venture agreements, business consulting agreements, distribution agreements, services agreements, licensing agreements, management agreements, and employment agreements of key executives.
Shrutih Tewarie (Massachusetts) focuses her practice at Foaley Hoag on U.S. and international disputes, investigations, and compliance. Ms. Tewarie represents international and national companies in a variety of litigation matters, including breaches of contract, business torts, intellectual property disputes, products liability cases, and class action matters. She also represents foreign sovereign governments and their instrumentalities in U.S. court litigation and international arbitration, including in investment treaty disputes before international tribunals.
Michigan
Alan M. Kanter (Michigan) is an attorney, neutral arbitrator and mediator of large complex commercial and employment disputes. Specialty broad based areas of focus include disputes involving business and contracts: public and private health care, managed care and benefits; mergers and acquisitions, franchise, business opportunity and securities; technology, computer hardware and software, internet and telecommunications. A former chairperson of the State Bar of Michigan ADR Section and long-time institutional author and educator of ADR subjects, he is a Distinguished Fellow of the International Academy of Mediators (IAM), a Fellow and Director of the College of Commercial Arbitrators (CCA), a member and dispute resolution provider panelist of the American Health Lawyers Association (AHLA) and a Fellow of the National Association of Distinguished Neutrals (NADN). He serves on numerous national and international ADR provider panels including the AAA/ICDR, CPR, AHLA, ICC (and more) and is active on numerous ABA and other organizational ADR related committees.
Nebraska
Adam Feeney (Nebraska) is a partner in Lamson Dugan & Murray LLP’s litigation department with a focus on commercial litigation and arbitration. He has represented clients in a wide range of disputes in areas including corporate, partnership, breach of contract, creditors’ rights, product liability, RICO, securities fraud, employment, and trust and estate. Mr. Feeney has tried cases in state and federal court and before arbitral tribunals from a variety of arbitral institutions, including the International Chamber of Commerce, American Arbitration Association/International Center for Dispute Resolution, and Financial Industry Regulatory Authority (FINRA). Prior to joining Lamson Dugan & Murray, he practiced in the litigation, arbitration and employment department of the New York City office of Hogan Lovells.
Nevada
Louis M. Bubala III (Nevada) is of counsel with Kaempfer Crowell in Las Vegas, Reno and Carson City, Nevada. His focus is on commercial bankruptcy and litigation. He is active with the American Bankruptcy Institute, serving on the executive committee for its Southwest Bankruptcy Conference and chairing its Las Vegas Consumer Bankruptcy Conference. He is a past chair of the Northern Nevada Bankruptcy Bar Association.
New Jersey
Robert E. Bartkus (New Jersey) is of counsel at Anselmi & Carvelli, LLP, and has more than 40 years of experience in multiparty business and international arbitration and litigation. In 2020, the Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution selected Mr. Bartkus for the Richard K. Jeydel Award, in recognition of his civility, professionalism, ethics, and excellence in and service to ADR.
New York
Marc Goldstein (New York) dedicates his professional time to service as an independent arbitrator and mediator of complex international and domestic business disputes. He established his own practice as a neutral and advocate in 2007. For more than two decades following graduation from the University of Virginia Law School he practiced with Proskauer Rose in New York, handling complex civil litigation and representing American and foreign clients in international arbitrations against sovereign States. A frequent lecturer and writer on international dispute resolution, Mr. Goldstein has authored the Arbitration Commentaries™ “blog” for the ADR community since 2009.
North Carolina
H. Arthur Bolick II (North Carolina) is an experienced litigator and construction lawyer who represents clients in all manner of court proceedings and arbitrations. He counsels his construction clients throughout all phases of commercial and institutional construction projects, from contracting and claims resolution, to arbitration and litigation if disputes cannot be resolved through negotiation. Mr. Bolick is a Certified Mediator through the North Carolina Dispute Resolution Commission.
Pennsylvania
Robert L. Byer (Pennsylvania) concentrates his practice in appellate and legal issues litigation. Mr. Byer is a former judge of the Pennsylvania Commonwealth Court and Pennsylvania Court of Judicial Discipline. As an appellate lawyer, Mr. Byer has argued or briefed over 250 appeals in the United States Courts of Appeals for the Third, Fifth, Seventh, Eighth, Ninth, Eleventh, District of Columbia and Federal Circuits, the Pennsylvania appellate courts and the appellate courts of California, Maryland and Washington. He also has briefed and worked on appeals in the United States Supreme Court. His appellate work and legal-issues litigation experience covers a wide range of legal areas, including corporate governance, intellectual property, administrative agency law, tax cases, Constitutional law, real estate and land use regulation, insurance coverage, contracts, professional liability, products liability and toxic torts.
Rachel M. Good (Pennsylvania) is an experienced trial lawyer who has tried nearly 20 jury trials to verdict and more than two dozen bench trials. As an associate in Duane Morris’s Trial Practice Group, Ms. Good represents clients in a wide array of complex commercial litigation, regulatory and investigatory matters in both state and federal courts.
South Carolina
M. Dawes Cooke, Jr. (South Carolina) focuses his practice on complex civil litigation, professional liability defense, construction defect litigation, products liability litigation and personal injury litigation. He is also a mediator and arbitrator, and he frequently lectures on the subject of alternative dispute resolution. He is admitted to the South Carolina Bar and the United States Supreme Court Bar. Cooke is a Fellow in the American College of Trial Lawyers.
John Fletcher (South Carolina) John Fletcher first gained a respect for the intricacies of legal research and writing, while serving as a Research Editor on the University of Pittsburgh Law Review during law school. This admiration of the intellectual aspects of the practice of law—and of the law itself—has remained with John throughout his career. Over his nearly twenty years of practice, Mr. Fletcher has been deeply involved with many of Barnwell Whaley’s most complex and challenging cases, in such varied areas of the law as antitrust, intellectual property and professional malpractice. In 2016, John added mediations services to his portfolio of services as he attained his South Carolina Board of Arbitrator and Mediator Certification from the South Carolina Bar Association.
Texas
Doak Bishop (Texas) specializes in international arbitration, with a focus on Latin America. A partner in King & Spalding’s International Arbitration practice, Mr. Bishop represents companies in arbitration and litigation of disputes in the oil and gas, energy, construction, environmental and foreign investment sectors. He has served both as an arbitrator and counsel, and represents clients in disputes concerning oil and gas and energy, foreign investment, construction and environmental matters. Mr. Bishop has served as Chairman of the Institute of Transnational Arbitration and as a Director of the American Arbitration Association (AAA). He is also a member of the U.S. delegation to the North American Free Trade Act (NAFTA) Advisory Committee on Private Commercial Disputes. He has participated in arbitrations under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), UN Commission on International Trade Law (UNCITRAL), International Centre for Dispute Resolution (ICDR), AAA, the Inter-American Commercial Arbitration Commission (IACAC) and the Center for Public Resources (CPR), as well as in ad hoc arbitrations.
Sara McBrearty (Texas) is a senior associate in King & Spalding’s International Arbitration practice. She focuses on complex, international commercial and investment disputes arising from long-term and multinational projects. With particular experience in the energy sector, she has acted as counsel in international and domestic arbitration proceedings held under the auspices of most of the major arbitral institutions and rules, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), the Singapore International Arbitration Center (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Energy Charter Treaty (ECT), the Cairo Regional Center for International Commercial Arbitration (CRCICA), JAMS and ad hoc cases under the Permanent Court of Arbitration and UNCITRAL Rules. She has also represented clients in arbitration-related proceedings in U.S. federal courts and Texas state courts.
Virginia
Tom Roberts (Virginia) has over 35 years of legal experience as a litigator, mediator, administrative law judge, and consultant. He is the principal of Thomas H. Roberts & Associates, PC and the founder of Axiom Mediation, both in Richmond, Virginia. Mr. Roberts received Advanced Mediation Training with the Federal Mediation and Conciliation Service in 2014.
Washington
Scott S. Anders (Washington) is a shareholder at Jordan Ramis. He focuses his practice on commercial real estate and land use law, and serving as outside business counsel to his clients. His practice is driven by his desire to help people navigate the complex legal system to achieve their goals, be successful in business, and help build community. Mr. Anders’ clients include local businesses, as well as international corporations in industries including commercial, retail, manufacturing, high tech, and education.
Wisconsin
Bill Levit (Wisconsin) is a Phi Beta Kappa, Magna Cum Laude graduate of Yale, has an MA in International Relations from Berkeley and an LL.B from Harvard. He is a former Foreign Service Officer, Wall Street law firm partner, General Counsel of Fortune 250 multinational, and partner in a mid-size regional law firm. He has over 40 years’ experience as a neutral, and is a Fellow of the College Commercial Arbitrators, a Fellow (FCIArb) and Chartered Arbitrator of the Chartered Institute (London), and an elected member of the American Law Institute.
Research assistance was provided by Alex Guerin, JD Harvard 2021, who is presently clerking on the 5th Circuit for Judge Jerry Smith.
The presence or absence of interim relief can effectively determine the outcome of a dispute. In the United States, interim remedies are largely governed by state law, even in federal court proceedings, making this book an indispensable resource for practitioners.
---Glenn P. Hendrix, Chairman and Executive Committee member, Arnall, Golden, Gregory, LLP, past chair of the ABA's International Law section, and past ABA representative to the U.S. State Department’s Advisory Committee on International Law
This is an invaluable guide to a complex set of issues that receive too little attention in most arbitration treatises. Whether a party is able to preserve the status quo, conserve assets or evidence, or seek other interim measures—often required at the outset of the dispute, prior to formation of an arbitral tribunal, or against non-parties to the arbitration agreement—can be critical to success in the underlying arbitration. Chapters by leading practitioners provide detailed, authoritative roadmaps of the law and practice in 22 key U.S. jurisdictions. This is a necessary resource for counsel, arbitrators and judges.
---Grant Hanessian, Independent arbitrator; Adjunct Professor, Fordham Law School.
Even a seasoned arbitration practitioner who is well-versed in the ins-and-outs of arbitration and how best to secure favorable arbitral awards for his/her client might find some head-scratching warranted when it comes to interim relief. Tribunals take time to be constituted and, even when constituted, effective interim relief might be best secured from courts in aid of arbitration. But the law on interim relief in aid of arbitration is primarily state-driven. Unsurprisingly, the law varies by state. While calls to local counsel may still be warranted, Interim Measures in the United States in Aid of Arbitration goes a very long way in helping the arbitration practitioner figure out crucial next steps in 22 key U.S. jurisdictions when time likely is of the essence.
---Viren Mascarenhas, Partner, International Arbitration, King & Spalding LLP
Lawrence W. Newman is of Counsel in the New York office of Baker & McKenzie, where his practice consists of international litigation and arbitration. He has served as counsel and arbitrator in numerous domestic and international arbitration proceedings. He has been for several years the Chairman of the International Arbitration Club of New York. He is the past Chair of the International Commercial Disputes and the International Practice committees of the New York City Bar and of the Arbitration Committee of the CPR Institute for Conflict Prevention and Resolution. and of the Arbitration Sub-Committee of the Practice and Standards Committee of the Chartered Institute of Arbitrators, of which he is a Fellow (FCIArb). He is a Fellow of the College of Commercial Arbitrators and an elected member of the American Law Institute, where he served as one of the Advisers to the Restatement of US Law of Commercial and Investor-State Arbitration. Mr. Newman is the co-author of the treatise “Litigating International Commercial Disputes” (West 1996) and he has been for many years co-author of a column in the New York Law Journal, “International Litigation.” He is coeditor and contributor to the Leading Arbitrators Guide to international Arbitration (three editions) and “Take the Witness: Cross-Examination in International Arbitration” (two editions). He is the founder and cofounder of several annual international arbitration conferences, including conferences on damages and the enforcement of arbitration awards. He is listed in various annual directories including Thought Leaders — Arbitration. He is a graduate of Harvard College and the Harvard Law School.
Ronald A. Brand is the Chancellor Mark A. Nordenberg University Professor of Law, John E. Murray Faculty Scholar, and the founding Director (now Academic Director) of the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law. His teaching focuses on international business transactions and dispute resolution, including a course on International Commercial Arbitration. He has given a course on private international law at the Hague Academy of International Law, has been a Fulbright Scholar in Belgium, has been a Fellow of the Institute of Advanced Studies at the University of Bologna, and has taught courses and lectured in numerous countries. He has received the ABA Section on International Law’s Leonard A. Theberge Award in Private International Law, the University of Pittsburgh Sheth Distinguished Faculty Award for International Achievement, and a Dr. Jur. honoris causa from the University of Augsburg. Brand was a member of the U.S. Delegation to the Special Commissions and Diplomatic Conferences of The Hague Conference on Private International Law that concluded the 2005 Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters, and now is a U.S. representative to the Working Group considering a Convention on Parallel Proceedings. He has worked for over 15 years with the US Commerce Department Commercial Law Development Program (CLDP) to provide international commercial arbitration training to students more than 40 countries in the Middle East, Eastern Europe and Eurasia, Africa, and Asia.
Houston Putnam Lowry is a member of Ford & Paulekas, LLP in Hartford, Connecticut and practices in the areas of complex commercial litigation, including arbitration (including enforcement and vacatur of arbitral awards), mediation, creditor bankruptcy matters (including related litigation), foreclosures, contract disputes, unfair trade practices matters, uniform domain name dispute resolution procedures (UDRP), computer crime matters, tax matters, international matters and enforcement of foreign judgments (domestic and international). Mr. Lowry has chaired the Connecticut Bar Association’s Section of Alternative Dispute Resolution. He is a Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator and a Liveryman of the Worshipful Company of Arbitrators (London). He represented the American Bar Association’s Section of International Law during the drafting of the Restatement of US Law of Commercial and Investor-State Arbitration. He has acted as a neutral in over 750 reported UDRP cases.
CONTRIBUTORS
Arizona
Mark A. Lassiter (Arizona) became an arbitrator for the American Arbitration Association (the AAA) in 1991, and serves as a member of its Commercial, Construction Industry and Large and Complex Case Panels. He is also a Fellow in the College of Commercial Arbitrators, and serves on the panel of the International Centre for Dispute Resolution (the ICDR). Mr. Lassiter has extensive experience in arbitrations administered by the AAA and the ICDR as both an arbitrator and counsel for various parties, including arbitrator appointments in AAA matters in California, Arizona, Colorado, New Mexico, Texas, and Nevada in dozens of disputes relating to a wide variety of dispute types, including Construction litigation, Business & Employment cases, Technology and e-Commerce, Real Estate, Commercial Leases and many other matters. He also serves as a Mediator for the AAA on similar matters.
California
Maria Chedid is global co-chair of the International Arbitration group at Arnold & Porter. She regularly serves as lead counsel in commercial and investment arbitrations, and frequently is called upon to serve as an arbitrator. Over the last three decades, she has handled arbitrations administered by all major arbitral institutions including the ICC, ICDR, SIAC, LCIA, ICSID, DIAC, CPR, JAMS, PCA, and the AAA, as well as arbitrations conducted under the UNCITRAL Rules, by the Iran-United States Claims Tribunal, and by the United Nations Compensation Commission. Maria Chedid brings a wealth of arbitration experience involving diverse subject matter and expansive geographic reach, and is particularly known for her expertise in technology, IP, and life sciences disputes. She is currently serving her second term as one of two members on the ICC Court of Arbitration representing the United States. Clients “commend her handling of complex disputes,” “praise her ‘highly effective advocacy,’” and describe her as “incisive, a superb strategist and […] unrelenting in achieving the targeted objectives,” while peers note that she is “superbly prepared,” “exceptionally talented,” “relentless,” “very thorough,” “expert in damages issues,” and “largely unflappable.” Ms. Chedid has presented on international dispute resolution and advocacy at conferences worldwide and at numerous law schools, including UC Berkeley, Harvard, Stanford, Columbia, USC, and at the Straus Institute for Dispute Resolution at Pepperdine Law School, where she has taught as an adjunct professor. She is admitted to practice in both New York and California, is multilingual, and is a dual citizen of the United States and Lebanon.
John Muse-Fisher (California) is a Senior Associate at Arnold & Porter and focuses his practice on international arbitration, including commercial and investor-state disputes. Mr. Muse-Fisher also practices in business litigation, including derivative, legal malpractice, breach of contract, class action, and intellectual property matters, as well as issues relating to international service of process under the Hague Service Convention. He also devotes pro bono time to international issues, including those relating to climate change, criminal justice, and immigration, as well as voting rights issues.
Isaac Ramsey (California) is an Associate at Arnold & Porter. His practice encompasses a range of civil litigation matters, including intellectual property and commercial litigation. Mr. Ramsey received his JD and International Law Certificate from the University of California, Berkeley School of Law, where he became a publishing member of the California Law Review and served as an Articles Editor for the Berkeley Journal of International Law. During law school, Mr. Ramsey externed with the Honorable Leondra R. Kruger of the Supreme Court of California and earned distinction for his commitment to pro bono work.
Connecticut
Houston Putnam Lowry (Connecticut) is a Member of Ford & Paulekas, LLP in Hartford, Connecticut and practices in the areas of complex commercial litigation, including arbitration, mediation, creditor bankruptcy matters (including related litigation), foreclosures, contract disputes, landlord-tenant matters, administrative law matters, unfair trade practices matters, uniform domain name dispute resolution procedures (UDRP), computer crime matters, tax matters, international matters and enforcement of foreign judgments (domestic and international). Mr. Lowry has acted as a Neutral in over 700 reported UDRP cases.
Delaware
Robert J. Katzenstein (Delaware) is litigator before the Court of Chancery and a member of the panel of commercial arbitrators of the American Arbitration Association. He handled contests involving the control of corporations and partnerships, stockholder derivative actions, stock list cases and contract cases. He has extensive experience litigating cases in Superior Court, and in particular the Complex Commercial Litigation Division (“CCLD”) of that Court. Mr. Katzenstein is an original member of the CCLD Advisory Committee, which recommended the CCLD policies and procedures.
Jason Z. Miller (Delaware) is an Associate at Smith, Katzenstein & Jenkins LLP. He concentrates his practice on corporate and commercial litigation in the Delaware Court of Chancery, Delaware Superior Court, and the United States District Court for the District of Delaware. Mr. Miller represents clients on a variety of corporate matters, including fiduciary duty claims, corporate and alternative entity control disputes, advancement and indemnification claims, and other breach of contract disputes.
Florida
Cristina Cardenas (Florida) focuses her practice on international arbitration and complex commercial litigation. She is a native Spanish speaker and has experience representing clients in a variety of complex international arbitrations and business disputes. Ms. Cardenas has served as counsel, both in Spanish and in English, before many of the most important arbitral institutions, including the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), and the Inter-American Commercial Arbitration Commission (IACAC). She also coordinates and oversees work of local counsel in connection with litigation proceedings in Latin America.
Edward M. Mullins (Florida) focuses his practice on international commercial litigation and arbitration in which he is board-certified by the Florida Bar. He brings wide experience in litigating and arbitrating disputes involving various issues, including distribution agreements, joint venture agreements, and energy and construction disputes, and he has handled numerous investor-state arbitral disputes. In addition, Edward Mullins serves as an arbitrator, and is a member of the commercial panel of arbitrators for the American Arbitration Association and a fellow of the Chartered Institute of Arbitrators.
Christina Olivos (Florida) is a litigator and focuses her practice on complex commercial litigation. Her experience includes product liability, employment, financial services, and international litigation. A graduate of the University of Virginia School of Law, Ms. Olivos was recently recognized in Best Lawyers’ inaugural “Ones to Watch” list in the area of Alternative Dispute Resolution.
Georgia
Shelby R. Grubbs (Georgia) dispute resolution experience includes work as an arbitrator, mediator and court-appointed special master. As an arbitrator, he has chaired American Arbitration Association (AAA) tribunals and served as sole arbitrator in cases administered by AAA, the International Centre for Dispute Resolution (ICDR) and the International Court of Arbitration (ICC). He is also a panelist for the World Intellectual Property Organization (WIPO) as well as the International Institute for Conflict Prevention & Resolution (CPR). His experience as a court-appointed special master has included a claim brought by the United States against a major health insurer to recover over $1 billion in Medicare payments.
Alexander C. Vey (Georgia) is a litigator, with an emphasis on white collar criminal defense. He also has experience with construction disputes and intellectual property matters. Prior to joining Miller & Martin, Mr. Vey spent two years as part of the Criminal Appeals Division of the Tennessee Attorney General’s Office. He handled over 100 appeals and argued more than two dozen cases before Tennessee’s Court of Criminal Appeals and Supreme Court.
Illinois
Laura Kelly (Illinois) is an associate in Baker McKenzie's Chicago office and advises global companies in complex civil litigation and international arbitration. She has represented clients in proceedings before various arbitral bodies, including the ICC, AAA-ICDR, and JAMS. Ms. Kelly graduated cum laude and Phi Beta Kappa from Vanderbilt University and received her J.D. cum laude from Northwestern University Pritzker School of Law.
Mike Morkin (Illinois) is a Partner at Baker McKenzie and the past global chair of the largest and most experienced international arbitration practice in the world, overseeing 340 lawyers worldwide. He is also the former Managing Partner and a recognized expert on international arbitration and litigation matters. Having successfully managed a significant business to record headcount, brand recognition, revenue and profit, Mr. Morkin brings this unique understanding to his already successful track record as counsel. His expertise has resulted in arbitration awards valued in excess of USD1 billion and industry recognitions including 40 Under Forty Hall of Fame and three time Chicago International Arbitration Lawyer of the Year. Mike Morkin has handled arbitrations in Asia, Latin America, Europe, the Caribbean and throughout the United States under the rules of institutions including the ICC, ICDR, SIAC, SCC, UNCITRAL, AAA, London Maritime Arbitrators Association, and numerous ad hoc arbitrations. He has taught International Commercial Arbitration at The University of Chicago Law School and currently teaches at Loyola University of Chicago Law School and is a frequent lecturer and author on international disputes throughout the US, Europe and Asia. He graduated summa cum laude and Order of the Coif from The University of Illinois College of Law and holds a BA in Mathematics/Computer Science and Physics from Augustana College.
Kyle Richard Olson (Illinois) is a partner in Baker McKenzie's Chicago office and specializes in international arbitration and cross-border advocacy on behalf of multi-national businesses spanning across a range of industries, including: large scale manufacturing/industrial, global hospitality, pharmaceutical, medical device and supplies, healthcare systems, retail products and consumer goods, commercial lending, and engineering/construction. Kyle Richard Olson has led multiple international arbitrations on behalf of U.S. and non-U.S. clients before the world’s major arbitral institutions, including the ICC, AAA-ICDR, SCC, and SIAC, and has tried several arbitrations, through the merits hearing phase, in venues across the U.S. and around the world. He holds a B.A. from Wake Forest University, M.A. from King's College London, J.D. from Northwestern University, and served in the Office of the Prosecutor for the International Criminal Tribunal for former Yugoslavia in The Hague before joining full-time with Baker McKenzie in 2010.
Louisiana
James M. Garner (Louisiana) has served as the Co-Managing Member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. since the firm’s founding in 1999. He is a graduate of Tulane University’s School of Science and Engineering and Tulane Law School. Mr. Garner is a trial lawyer specializing in commercial, complex/ class action litigation, and arbitration. He has served as lead counsel in cases in New Mexico, California, West Virginia, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana, and Texas, involving litigation ranging from insurance coverage, salt mining, asbestos exposure, benzene exposure, mass closings of big box retailers, noise pollution, commercial, banking, bankruptcy, financial litigation, RICO, and “bet-the-company” proceedings arising out of adverse environmental events. He has an active arbitration practice, and he has frequently litigated issues pertaining to the availability of injunctive relief directed against arbitration proceedings.
Jeffrey D. Kessler (Louisiana) is a member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. in New Orleans, Louisiana. A native Michigander, Mr. Kessler graduated from Duke University in 1998 and the University of Virginia School of Law in 2002. His practice includes a broad array of complex commercial litigation and employment disputes. He has extensive experience in arbitration and in the interplay between courts and arbitration tribunals, and specifically, he has litigated issues pertaining to the availability of injunctive relief directed against arbitral proceedings.
Maryland
William M. Krulak, Jr. (Maryland) is a partner and member of the Commercial and Business Litigation group at Miles & Stockbridge P.C., based in Baltimore, Maryland. He received his undergraduate education at Dartmouth College and obtained his JD from the University of Virginia School of Law. Mr. Krulak provides litigation services for a wide variety of matters arising out of commercial and business disputes and is an experienced litigator at both the trial and appellate levels.
Megan Jeanette McGinnis (Maryland) is an associate the Commercial and Business Litigation group at Miles & Stockbridge P.C. She received his undergraduate education at the University of Missouri and obtained her JD from the University of Maryland School of Law. Prior to entering private practice, Ms. McGinnis clerked for two years at the United States District Court for the District of Maryland.
Massachusetts
Christopher Modlish (Massachusetts) Chris Modlish is an associate in Foley Hoag’s Litigation Department. He works on general litigation matters, complex commercial disputes, and white collar crime and government investigations. Mr. Modlish also represents foreign sovereign governments and their instrumentalities in U.S. court litigation and international arbitration. He is also active in the firm’s pro bono program, working with clients on immigration matters, and defending clients charged with criminal offenses.
Daniel Schimmel (Massachusetts) Daniel Schimmel is a partner in Foley Hoag's International Litigation and Arbitration Department, resident in New York. He leads the international arbitration and litigation practice of Foley Hoag’s New York office. Mr. Schimmel has served as Chair, Sole Arbitrator, Co-Arbitrator, Emergency Arbitrator, Appellate Arbitrator, and counsel in international arbitrations arising from a broad range of contracts and transactions, including construction and infrastructure projects, patent license agreements, joint development agreements, mergers and acquisitions, shareholders’ agreements, joint venture agreements, business consulting agreements, distribution agreements, services agreements, licensing agreements, management agreements, and employment agreements of key executives.
Shrutih Tewarie (Massachusetts) focuses her practice at Foaley Hoag on U.S. and international disputes, investigations, and compliance. Ms. Tewarie represents international and national companies in a variety of litigation matters, including breaches of contract, business torts, intellectual property disputes, products liability cases, and class action matters. She also represents foreign sovereign governments and their instrumentalities in U.S. court litigation and international arbitration, including in investment treaty disputes before international tribunals.
Michigan
Alan M. Kanter (Michigan) is an attorney, neutral arbitrator and mediator of large complex commercial and employment disputes. Specialty broad based areas of focus include disputes involving business and contracts: public and private health care, managed care and benefits; mergers and acquisitions, franchise, business opportunity and securities; technology, computer hardware and software, internet and telecommunications. A former chairperson of the State Bar of Michigan ADR Section and long-time institutional author and educator of ADR subjects, he is a Distinguished Fellow of the International Academy of Mediators (IAM), a Fellow and Director of the College of Commercial Arbitrators (CCA), a member and dispute resolution provider panelist of the American Health Lawyers Association (AHLA) and a Fellow of the National Association of Distinguished Neutrals (NADN). He serves on numerous national and international ADR provider panels including the AAA/ICDR, CPR, AHLA, ICC (and more) and is active on numerous ABA and other organizational ADR related committees.
Nebraska
Adam Feeney (Nebraska) is a partner in Lamson Dugan & Murray LLP’s litigation department with a focus on commercial litigation and arbitration. He has represented clients in a wide range of disputes in areas including corporate, partnership, breach of contract, creditors’ rights, product liability, RICO, securities fraud, employment, and trust and estate. Mr. Feeney has tried cases in state and federal court and before arbitral tribunals from a variety of arbitral institutions, including the International Chamber of Commerce, American Arbitration Association/International Center for Dispute Resolution, and Financial Industry Regulatory Authority (FINRA). Prior to joining Lamson Dugan & Murray, he practiced in the litigation, arbitration and employment department of the New York City office of Hogan Lovells.
Nevada
Louis M. Bubala III (Nevada) is of counsel with Kaempfer Crowell in Las Vegas, Reno and Carson City, Nevada. His focus is on commercial bankruptcy and litigation. He is active with the American Bankruptcy Institute, serving on the executive committee for its Southwest Bankruptcy Conference and chairing its Las Vegas Consumer Bankruptcy Conference. He is a past chair of the Northern Nevada Bankruptcy Bar Association.
New Jersey
Robert E. Bartkus (New Jersey) is of counsel at Anselmi & Carvelli, LLP, and has more than 40 years of experience in multiparty business and international arbitration and litigation. In 2020, the Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution selected Mr. Bartkus for the Richard K. Jeydel Award, in recognition of his civility, professionalism, ethics, and excellence in and service to ADR.
New York
Marc Goldstein (New York) dedicates his professional time to service as an independent arbitrator and mediator of complex international and domestic business disputes. He established his own practice as a neutral and advocate in 2007. For more than two decades following graduation from the University of Virginia Law School he practiced with Proskauer Rose in New York, handling complex civil litigation and representing American and foreign clients in international arbitrations against sovereign States. A frequent lecturer and writer on international dispute resolution, Mr. Goldstein has authored the Arbitration Commentaries™ “blog” for the ADR community since 2009.
North Carolina
H. Arthur Bolick II (North Carolina) is an experienced litigator and construction lawyer who represents clients in all manner of court proceedings and arbitrations. He counsels his construction clients throughout all phases of commercial and institutional construction projects, from contracting and claims resolution, to arbitration and litigation if disputes cannot be resolved through negotiation. Mr. Bolick is a Certified Mediator through the North Carolina Dispute Resolution Commission.
Pennsylvania
Robert L. Byer (Pennsylvania) concentrates his practice in appellate and legal issues litigation. Mr. Byer is a former judge of the Pennsylvania Commonwealth Court and Pennsylvania Court of Judicial Discipline. As an appellate lawyer, Mr. Byer has argued or briefed over 250 appeals in the United States Courts of Appeals for the Third, Fifth, Seventh, Eighth, Ninth, Eleventh, District of Columbia and Federal Circuits, the Pennsylvania appellate courts and the appellate courts of California, Maryland and Washington. He also has briefed and worked on appeals in the United States Supreme Court. His appellate work and legal-issues litigation experience covers a wide range of legal areas, including corporate governance, intellectual property, administrative agency law, tax cases, Constitutional law, real estate and land use regulation, insurance coverage, contracts, professional liability, products liability and toxic torts.
Rachel M. Good (Pennsylvania) is an experienced trial lawyer who has tried nearly 20 jury trials to verdict and more than two dozen bench trials. As an associate in Duane Morris’s Trial Practice Group, Ms. Good represents clients in a wide array of complex commercial litigation, regulatory and investigatory matters in both state and federal courts.
South Carolina
M. Dawes Cooke, Jr. (South Carolina) focuses his practice on complex civil litigation, professional liability defense, construction defect litigation, products liability litigation and personal injury litigation. He is also a mediator and arbitrator, and he frequently lectures on the subject of alternative dispute resolution. He is admitted to the South Carolina Bar and the United States Supreme Court Bar. Cooke is a Fellow in the American College of Trial Lawyers.
John Fletcher (South Carolina) John Fletcher first gained a respect for the intricacies of legal research and writing, while serving as a Research Editor on the University of Pittsburgh Law Review during law school. This admiration of the intellectual aspects of the practice of law—and of the law itself—has remained with John throughout his career. Over his nearly twenty years of practice, Mr. Fletcher has been deeply involved with many of Barnwell Whaley’s most complex and challenging cases, in such varied areas of the law as antitrust, intellectual property and professional malpractice. In 2016, John added mediations services to his portfolio of services as he attained his South Carolina Board of Arbitrator and Mediator Certification from the South Carolina Bar Association.
Texas
Doak Bishop (Texas) specializes in international arbitration, with a focus on Latin America. A partner in King & Spalding’s International Arbitration practice, Mr. Bishop represents companies in arbitration and litigation of disputes in the oil and gas, energy, construction, environmental and foreign investment sectors. He has served both as an arbitrator and counsel, and represents clients in disputes concerning oil and gas and energy, foreign investment, construction and environmental matters. Mr. Bishop has served as Chairman of the Institute of Transnational Arbitration and as a Director of the American Arbitration Association (AAA). He is also a member of the U.S. delegation to the North American Free Trade Act (NAFTA) Advisory Committee on Private Commercial Disputes. He has participated in arbitrations under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), UN Commission on International Trade Law (UNCITRAL), International Centre for Dispute Resolution (ICDR), AAA, the Inter-American Commercial Arbitration Commission (IACAC) and the Center for Public Resources (CPR), as well as in ad hoc arbitrations.
Sara McBrearty (Texas) is a senior associate in King & Spalding’s International Arbitration practice. She focuses on complex, international commercial and investment disputes arising from long-term and multinational projects. With particular experience in the energy sector, she has acted as counsel in international and domestic arbitration proceedings held under the auspices of most of the major arbitral institutions and rules, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), the Singapore International Arbitration Center (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Energy Charter Treaty (ECT), the Cairo Regional Center for International Commercial Arbitration (CRCICA), JAMS and ad hoc cases under the Permanent Court of Arbitration and UNCITRAL Rules. She has also represented clients in arbitration-related proceedings in U.S. federal courts and Texas state courts.
Virginia
Tom Roberts (Virginia) has over 35 years of legal experience as a litigator, mediator, administrative law judge, and consultant. He is the principal of Thomas H. Roberts & Associates, PC and the founder of Axiom Mediation, both in Richmond, Virginia. Mr. Roberts received Advanced Mediation Training with the Federal Mediation and Conciliation Service in 2014.
Washington
Scott S. Anders (Washington) is a shareholder at Jordan Ramis. He focuses his practice on commercial real estate and land use law, and serving as outside business counsel to his clients. His practice is driven by his desire to help people navigate the complex legal system to achieve their goals, be successful in business, and help build community. Mr. Anders’ clients include local businesses, as well as international corporations in industries including commercial, retail, manufacturing, high tech, and education.
Wisconsin
Bill Levit (Wisconsin) is a Phi Beta Kappa, Magna Cum Laude graduate of Yale, has an MA in International Relations from Berkeley and an LL.B from Harvard. He is a former Foreign Service Officer, Wall Street law firm partner, General Counsel of Fortune 250 multinational, and partner in a mid-size regional law firm. He has over 40 years’ experience as a neutral, and is a Fellow of the College Commercial Arbitrators, a Fellow (FCIArb) and Chartered Arbitrator of the Chartered Institute (London), and an elected member of the American Law Institute.
Research assistance was provided by Alex Guerin, JD Harvard 2021, who is presently clerking on the 5th Circuit for Judge Jerry Smith.
The presence or absence of interim relief can effectively determine the outcome of a dispute. In the United States, interim remedies are largely governed by state law, even in federal court proceedings, making this book an indispensable resource for practitioners.
---Glenn P. Hendrix, Chairman and Executive Committee member, Arnall, Golden, Gregory, LLP, past chair of the ABA's International Law section, and past ABA representative to the U.S. State Department’s Advisory Committee on International Law
This is an invaluable guide to a complex set of issues that receive too little attention in most arbitration treatises. Whether a party is able to preserve the status quo, conserve assets or evidence, or seek other interim measures—often required at the outset of the dispute, prior to formation of an arbitral tribunal, or against non-parties to the arbitration agreement—can be critical to success in the underlying arbitration. Chapters by leading practitioners provide detailed, authoritative roadmaps of the law and practice in 22 key U.S. jurisdictions. This is a necessary resource for counsel, arbitrators and judges.
---Grant Hanessian, Independent arbitrator; Adjunct Professor, Fordham Law School.
Even a seasoned arbitration practitioner who is well-versed in the ins-and-outs of arbitration and how best to secure favorable arbitral awards for his/her client might find some head-scratching warranted when it comes to interim relief. Tribunals take time to be constituted and, even when constituted, effective interim relief might be best secured from courts in aid of arbitration. But the law on interim relief in aid of arbitration is primarily state-driven. Unsurprisingly, the law varies by state. While calls to local counsel may still be warranted, Interim Measures in the United States in Aid of Arbitration goes a very long way in helping the arbitration practitioner figure out crucial next steps in 22 key U.S. jurisdictions when time likely is of the essence.
---Viren Mascarenhas, Partner, International Arbitration, King & Spalding LLP
PDF OF TITLE PAGE AND T.O.C.
CONTENTS
Foreword
About the Editors
About the Contributors
Introduction
Questionnaire
CHAPTER 1
Arizona
Mark E. Lassiter
CHAPTER 2
California
Maria Chedid, John Muse-Fisher and Isaac Ramsey
CHAPTER 3
Connecticut
Houston Putnam Lowry
CHAPTER 4
Delaware
Robert J. KatzensteinC
CHAPTER 5
Florida
Edward M. Mullins, M. Cristina Cárdenas, and Christina Olivos
CHAPTER 6
Georgia
Shelby R. Grubbs and Alexander C. Vey
CHAPTER 7
Illinois
Laura Kelly, Kyle Olson and Michael L. Morkin
CHAPTER 8
Louisiana
James M. Garner and Jeffrey D. Kessler
CHAPTER 9
Maryland
William M. Krulak and Megan J. McGinnis
CHAPTER 10
Massachusetts
Daniel Schimmel, Shrutih Tewarie, Christopher Modish and Foley Hoag
CHAPTER 11
Michigan
Alan M. Kanter
CHAPTER 12
Nebraska
Adam R. Feeney
CHAPTER 13
Nevada
Louis M. Bubala III
CHAPTER 14
New Jersey
Robert E. Bartkus
CHAPTER 15
New York
Marc Goldstein
CHAPTER 16
North Carolina
H. Arthur Bolick II
CHAPTER 17
Pennsylvania
Robert L. Byer and Rachel M. Good
CHAPTER 18
South Carolina
M. Dawes Cooke, Jr. and John Fletcher
CHAPTER 19
Texas
R. Doak Bishop and Sara K. McBrearty
CHAPTER 20
Virginia
Thomas H. Roberts
CHAPTER 21
Washington
Scott S. Anders
CHAPTER 22
Wisconsin
William H. Levit, Jr.