Introduction - Chapter 1 - College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 3rd Edition
Editor-in-Chief James M. Gaitis is a long-standing member of the Texas and Montana state bars, and a specialist in complex commercial and oil & gas/energy arbitrations. As the former Director of the International Dispute Resolution Programme and a Global Faculty Member at the Centre for Energy, Petroleum & Mineral Law and Policy, University of Dundee, Scotland, during 2006-2008 he worked extensively with the late Professor Thomas Wälde, the former UN Inter-regional Advisor on Petroleum and Mineral Legislation and EU Jean-Monnet Chair of International Economic, Natural Resources & Energy Law. In private practice he served variously as lead trial counsel, in-house counsel, and special counsel for a diverse array of companies, individuals, and other entities involved in the oil & gas industry. Over the past 24 years, he has been listed on a broad variety of international and domestic arbitration panels, including the AAA National Energy Panel and Large, Complex Case Panel, the ICDR Panel and International Energy Arbitrators Panel, the British Columbia International Commercial Arbitration Centre, and the CPR's Oil & Gas/Energy Panel and Cross-Border Panel. He frequently serves as a chair, party-appointed, and list-appointed arbitrator on tripartite panels in cases involving all aspects of the oil & gas industry, as well as in commercial cases relating to such matters as manufacturing, construction lending, engineering, asset sales, business torts, and real property. Many of his arbitrations have involved Fortune 100 and Oil & Gas Journal Top 50 companies.
A Fellow and Director of the College of Commercial Arbitrators and a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, Mr. Gaitis is a frequently invited speaker and lecturer, has testified in district court proceedings as an expert on arbitrator disclosures and ethics, and is the author of numerous articles relating to arbitration law, several of which have been cited repeatedly to the United States Supreme Court, various federal district courts and federal courts of appeal, and various other courts, such as the Supreme Courts of Texas and Puerto Rico. In 2006 and 2010 he respectively served as an Editor and then Editor-in-Chief of the first and second editions of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration. He is a graduate of the University of Notre Dame (BA, cum laude 1976) and the University of Iowa College of Law (JD 1978), where he served as a Note & Comment Editor on The Iowa Law Review.
Editor Carl F. Ingwalson, Jr., a graduate of Miami University and the University of Michigan School of Law, is a Martindale-Hubbell AV preeminent peer review rated lawyer and a member of the American Bar Association, the State Bar of California and the San Diego Country Bar Association. He is a Fellow of the American College of Construction Lawyers, a Diplomate of the California Academy of Distinguished Neutrals, and a Charter Member of the National Academy of Distinguished Neutrals. He serves on mediation panels of the American Arbitration Association and the San Diego Superior Court and independently. As an arbitrator, he serves independently and on the Fast Track (Expedited Track), Regular Track, and Large Complex Case Commercial and Construction Panels of the American Arbitration Association and on its Construction Arbitration Master Panel. He founded the Construction Law Section of the San Diego County Bar Association and served three years as its Chair and another three years as Chair of the Ethics Committee. When California adopted provisions for mandatory arbitration of attorney fee disputes, Carl served on the State Bar committee that drafted procedural rules for administration of fee arbitrations through local bar associations. He also served as Chair of the County Bar Association's Fee Arbitration Committee for three years while the rules were being debated, drafted, and implemented.
As a Fellow of the College of Commercial Arbitrators, he served as an Editor of this third edition of the College's Guide to Best Practices in Commercial Arbitration. At the same time, he has been serving as Co-Chair of the College's Law Firm CLE Committee, a committee that presents in-house continuing education programs to law firms throughout the country. Mr. Ingwalson has presented countless programs relating to arbitration and construction law to numerous organizations including state and local bar associations, law firms, contractor groups, and the ABA's Forum on the Construction Industry. He is now in his eighteenth year of presenting an annual ADR Update program. He has co-authored published articles including Arbitration and the Unauthorized Practice of Law and Pass Through Claims and Liquidation Agreements, both published by the Forum on the Construction Industry, and he was a consultant on two Continuing Education of the Bar books regarding construction law. Mr. Ingwalson's most recent article, Arbitration and Nonsignatories: Bound or Not Bound? was published by the American College of Construction Lawyers in 2012.
Editor Vivien B. Shelanski comes to the law with a background in science, technology, and government and the ethical considerations at the interfaces between them. She has served on the faculties of Harvard University and the NYU School of Law School and in executive positions in science policy at the National Science Foundation and the Directorate of Scientific Affairs of the OECD in Paris. She is a founding editor of the journal Science, Technology and Human Values. In the law she brings experience in the litigation of large securities and financial matters, as a prosecutor for the State of New York, and as a mediator in the US Courts. As a member of JAMS (Judicial Arbitration and Mediation Services), for the past 15 years she has devoted her efforts to alternative dispute resolution. She has served as an arbitrator in complex disputes with a concentration on business, employment, construction, intellectual property, family-held corporations, and securities issues. She received her AB (cum laude) from Bryn Mawr College, a PhD in Philosophy from the University of Chicago, and the JD (cum laude) from NYU where she served on the editorial board of the Annual Survey of American Law. Ms. Shelanski served as law clerk to the late Hon. Milton Pollack in the United States District Court for the Southern District of New York. She is an editor of the book “Accident at Three Mile Island,” teaches at NYU law school and Columbia University Medical School, and serves as a mediator for the US District Court for the Eastern District of New York. A member of the New York Bar, she is a fellow of the College of Commercial Arbitrators and of the College of Labor and Employment Lawyers.
CONTRIBUTORS:
Gerald Aksen, Esq.
Independent Arbitrator and Mediator
New York, New York
Henri C. Alvarez, Esq.
Partner
Fasken Martineau DuMoulin
Vancouver, Canada
Markham Ball, Esq.
Senior Fellow
International Law Institute
William L. D. Barrett, Esq.
Of Counsel
Butzel Long
New York, New York
Axel Baum, Esq.
Counsel
Hughes Hubbard & Reed
Paris, France
Bruce W. Belding, Esq.
Independent Arbitrator
Sausalito, California
R. Doak Bishop, Esq.
Partner
King & Spalding
Houston, TX
John T. Blankenship, Esq.
Partner
Blankenship and Blankenship
Murfreesboro, Tennessee
John P. Bowman, Esq.
Partner
King & Spalding
Houston, Texas
David N. Brainin, Esq. (deceased)
Bronx, New York
Thomas J. Brewer, Esq.
Independent Arbitrator and Mediator
Seattle, Washington
Joseph F. Canterbury, Esq.
Partner
Canterbury, Elder, Gooch, Surratt, Shapiro & Stein
Dallas, Texas
James H. Carter, Esq.
Partner
Sullivan & Cromwell
New York, New York
Richard Chernick, Esq.
Vice President and Managing Director
JAMS Arbitration Practice
Los Angeles, California
Winslow Christian, Esq.
Deceased
Formerly, Justice of the California Court of Appeals
Louis Coffey, Esq.
Independent Arbitrator and Mediator
Philadelphia, Pennsylvania
Louis A. Craco, Esq.
Independent Arbitrator and Mediator
Manhasset, New York
Philip E. Cutler, Esq.
Partner
Cutler Nylander & Hayton
Seattle, Washington
Robert B. Davidson, Esq.
Executive Director
JAMS Arbitration Practice
New York, New York
Louise E. Dembeck, Esq.
Founder and President
AIMAC Center for Dispute Resolution
New York, New York
M. Scott Donahey, Esq.
Independent Arbitrator and Mediator
Palo Alto, California
Paul J. Dubow, Esq.
Independent Arbitrator and Mediator
San Francisco, California
James W. Durham, Esq.
Independent Arbitrator and Mediator
Media, Pennsylvania
Jay W. Elston, Esq.
Independent Arbitrator
Houston, Texas
Eugene I. Farber, Esq.
Partner
Farber, Pappalardo & Carbonari
White Plains, New York
William B. Fitzgerald, Esq.
Independent Arbitrator
Los Angeles, California
James M. Gaitis, Esq.
Independent Arbitrator
Whitefish, Montana
Walter G. Gans, Esq.
Independent Arbitrator
New York, New York
Barry H. Garfinkel, Esq.
Of Counsel
Skadden, Arps, Slate, Meagher & Flom
New York, New Yor
Eugene S. Ginsberg, Esq.
Independent Arbitrator and Mediator
Garden City, New York
Ruth V. Glick, Esq.
Independent Arbitrator and Mediator
Burlingame, California
James P. Groton, Esq.
Independent Arbitrator
Atlanta, Georgia
David M. Heilbron, Esq.
Bingham McCutchen
San Francisco, California
L. Tyrone Holt, Esq.
Managing Principal
The Holt Group
Denver, Colorado
Robert A. Holtzman, Esq.
Of Counsel
Loeb & Loeb
Los Angeles, California
Carl F. Ingwalson, Jr., Esq.
Independent Arbitrator and Mediator
San Diego, California
John Kagel, Esq.
Independent Arbitrator and Mediator
Palo Alto, California
Richard H. Kreindler, Esq.
Partner
Sherman & Sterling
Frankfort, Germany
Urs M. Laeuchli, Esq.
Independent Arbitrator and Mediator
San Francisco, California
Louise A. LaMothe, Esq.
Independent Arbitrator and Mediator
Santa Barbara, California
June R. Lehrman, Esq.
Los Angeles, California
Richard A. Levie, Esq.
JAMS
Washington, DC
James R. Madison, Esq.
Independent Arbitrator and Mediator
Menlo Park, California
Richard R. Mainland, Esq.
Of Counsel
Norton Rose Fulbright
Los Angeles, California
John J. McCauley, Esq.
Independent Arbitrator and Mediator
Visalia, California
Bruce E. Meyerson, Esq.
Independent Arbitrator and Mediator
Phoenix, Arizona
Lawrence R. Mills, Esq.
Partner
Mills Meyers Swartling
Seattle, Washington
Carroll E. Neesemann, Esq.
Independent Arbitrator and Mediator
Brooklyn, New York
Lawrence W. Newman, Esq.
Of Counsel
Baker & McKenzie
New York, New York
Susan H. Nycum, Esq.
Independent Arbitrator and Mediator
Portola Valley, California
Michael S. Oberman, Esq.
Partner
Kramer Levin Naftalis & Frankel
New York, New York
Gerald F. Phillips, Esq.
Partner
Phillips, Lerner, Lauzon & James
Los Angeles, California
Lucy F. Reed, Esq.
Partner
Freshfields Bruckhaus Deringer
New York, New York
Thomas D. Reese, Esq.
Independent Arbitrator and Mediator
Palo Alto, California
Kathleen A. Roberts, Esq.
JAMS
New York, New York
Deborah Rothman, Esq.
Independent Arbitrator and Mediator
Los Angeles, California
John M. Seitman, Esq.
JAMS
Del Mar, California
Vivien B. Shelanski, Esq.
JAMS
New York, New York
John A. Sherrill, Esq.
Partner
Seyfarth Shaw
Atlanta, Georgia
Stanley P. Sklar, Esq.
Independent Arbitrator and Mediator
Chicago, Illinois
Francis O. Spalding, Esq.
Independent Arbitrator and Mediator
San Francisco, California
Edna R. Sussman, Esq.
Independent Arbitrator and Mediator
New York, New York
R. Wayne Thorpe, Esq.
JAMS
Atlanta, Georgia
Christi L. Underwood, Esq.
Independent Arbitrator and Mediator
Orlando, Florida
Curtis E. von Kann, Esq.
JAMS
Washington, DC
Robert P. Wax, Esq.
Independent Arbitrator and Mediator
West Hartford, Connecticut
Robert W. Wachsmuth, Esq.
Independent Arbitrator and Mediator
San Antonio, Texas
David E. Wagoner, Esq.
Independent Arbitrator and Mediator
Seattle, Washington
Irene C. Warshauer, Esq.
Independent Arbitrator and Mediator
New York, New York
Michael S. Wilk, Esq.
Partner
Hirsh & Westheimer
Houston, Texas
John H. Wilkinson, Esq.
JAMS
New York, New York
Originally from: College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration
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INTRODUCTION