MR. BENDER IS A MEMBER OF THE LAW FIRM OF DOW LOHNES, PLLC, IN WASHINGTON, D.C. HE PRACTICES IN THE TELECOMMUNICATIONS, MEDIA, AEROSPACE, AND IT INDUSTRY SECTORS. HE SERVES AS AN ARBITRATOR IN DOMESTIC AND INTERNATIONAL ARBITRATIONS, INCLUDING THOSE INVOLVING COMPLEX COMMERCIAL DISPUTES. HE IS THE AUTHOR OF “CONDUCTING SATELLITE INDUSTRY ARBITRATIONS UNDER THE WATCHFUL EYE OF THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS,” PUBLISHED IN THE NOVEMBER 2006-JANUARY 2007 DISPUTE RESOLUTION JOURNAL. HE CAN BE REACHED AT 202.776.2758 OR VIA E-MAIL AT RBENDER@DOWLOHNES.COM.
How parties should approach arbitrator selection and the preliminary conference in order to set the stage for an efficient and fair process.
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.