Introduction - Chapter 1 - College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 3rd Edition

Author(s): 
Winslow Christian
James M. Gaitis
Carl F. Ingwalson Jr.
June R. Lehrman
Vivien B. Shelanski
Curtis E. von Kann
Page Count: 
6 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Author Detail: 

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

$40.00