Critical First Steps in Complex Commercial Arbitration: Appointing Qualified Arbitrators and Staging the Preliminary Conference - Chapter 10 - AAA Handbook on Commercial Arbitration, Third Edition
Raymond G. Bender
Mr. 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 International Center for Dispute Resolution (ICDR) Panel of International Arbitrators; the CPR Panel of Distinguished Neutral Arbitrators for Washington, D.C., Technology, and Cross-Border disputes; and the Silicon Valley Arbitration & Mediation’s Center’s List of Leading Technology Neutral’s. 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, D.C., where he teaches Alternative Dispute Resolution Law.
CRITICAL FIRST STEPS IN COMPLEX COMMERCIAL ARBITRATION: APPOINTING QUALIFIED ARBITRATORS AND STAGING THE PRELIMINARY CONFERENCE
Raymond G. Bender Jr.
Parties to arbitration expect that they will have a full and fair opportunity to present their claims and defenses and the supporting evidence to the arbitrator. But when a commercial case is large or complicated in that it involves multiple parties, difficult or unusual features, or simply a large amount of money, everyone involved—the parties, their counsel and the arbitrators—must strive in earnest to keep costs down and avoid unnecessary delay while ensuring a fair process. Achieving these dual and seemingly conflicting goals requires foresight and planning during the initial stages of arbitration.
The first two steps of arbitration are selecting the arbitrator and participating in one or more preliminary conferences. Selecting the right arbitrator and adopting suitable procedures to govern the proceeding are important in every case. But they are even more critical in a large or complex case because of the many ways in which the proceeding can be delayed.