Introduction - AAA Yearbook on Arbitration and the Law - 23rd Edition
Stephen K. Huber is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). He has degrees in law from the University of Chicago and Yale University, and a B.A. from Earlham College.
Professor Huber’s teaching and scholarly interest have centered on business and commerce (Contracts), and the regulation thereof (Administrative Law, Regulation of Financial Intermediaries). Over the last decade, his writings have focused on private binding dispute resolution proceedings (Arbitration). Teaching materials include: Stephen K. Huber & Maureen A. Weston, Arbitration: Cases and Materials (3d ed. LexisNexis 2011); Wendy Trachte-Huber & Stephen K. Huber, Mediation and Negotiation: Reaching Agreement in Law and Business (2d ed. LexisNexis 2007). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.
Ben H. Sheppard, Jr. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a partner and co-chair of the firm’s international dispute resolution practice. His practice focused on litigation and arbitration, both as counsel and as arbitrator. He has served in international and domestic arbitrations as sole arbitrator, tribunal chair, party-appointed arbitrator and on tripartite tribunals selected from institutional rosters.
He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He is co-editor, with Lawrence W. Newman, and a contributing author to “Take the Witness: Cross-Examination in International Arbitration” (Juris 2010).
He graduated with high honors from the University of Texas School of Law in 1968, and was law clerk to the Honorable Homer Thornberry, United States Court of Appeals for the Fifth Circuit from 1968 to 1969.
The Editors and the University of Houston Law Center are honored to collaborate with the American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR), to revive the tradition of publishing an annual survey of important developments in arbitration and the law. Initially published as the “AAA General Counsel’s Annual Report” and later as “ADR & the Law,” the annual survey has not been published since 2007. The Yearbook will once again be produced on an annual basis.
Our goal is to provide arbitrators and busy practitioners a practical, relevant and readily accessible resource. To that end, we have organized the 23rd edition of the Yearbook into two parts.
Part One contains digests of important decisions of the United States Supreme Court, the United States courts of appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2009, and is current through October 1, 2010. The book contains 130 case digests, together with citations and descriptive crossreferences to more than 400 related decisions. We have adopted an entirely new organization for the case digests, arranging them under the stages of the entire arbitration process—from the formation of the arbitration agreement to the challenge or enforcement of the arbitral award. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and crossreferences to cases dealing with the unique issues presented in international arbitrations.