The CCA Guide to Best Practices in Commercial Arbitration Webinar Series

This series of webinars, presented by the College of Commercial Arbitrators in collaboration with JURIS, is based on the topics and techniques set forth in the CCA Guide to Best Practices in Commercial Arbitration- Fourth Edition.

About the CCA: The College of Commercial Arbitrators (CCA), established in 2001, celebrates and advocates excellence in the field of commercial arbitration– in the US and internationally. As the world’s most prestigious alternative dispute resolution professional organization, CCA both defines and promotes the highest standards of arbitrator ethics, standards of conduct, and best practices in alternative dispute resolution. CCA is an invitation-only organization that provides a meaningful contribution to the profession, the public, the legal sector, and to the businesses that implement commercial arbitration as a means of dispute resolution. The Fellows of CCA are the elite within the profession. They have the professional training, judgment, and years of experience to undertake the most complex and difficult commercial arbitration assignments. The CCA works to provide educational resources to Fellows to enhance their professional skills. The CCA endeavors to design tools and seminars available to advocates and to neutrals that disseminate best practices for conducting fair and efficient arbitration proceedings.

About JURIS: Juris Conferences is a leading organization developed to promote discourse among figures in international arbitration and dispute resolution. To date, we have presented over 100 conferences. Our goal is to give interested legal practitioners an entrée into these fora. As a division of JurisNet, LLC, the leading legal publisher of materials on arbitration and dispute resolution, Juris Conferences is in a prime position to provide the most accurate and relevant information to those practicing in the areas of arbitration and ADR.

How to Access the Recordings: Register for the webinar recording with the links below. Your registration will be automatically verified and you can watch the recording at your leisure.

Continuing Legal Education Credit: Each webinar recording will feature CLE details that list the amount of credit hours. Each program will also have a PDF Attorney Affirmation Form, which will need to be filled out to receive NYS CLE credit and/or a general certificate of attendance. Unique CLE Codes will be displayed during each program. Once the program is complete, fill out the attorney affirmation form and send to our CLE Manager, Jessica Hernandez (jhernandez@jurispub.com). If you wish to obtain CLE in states other than New York, these certificates can be used to apply for CLE credit in your state.

College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - Fourth Edition

Editor in Chief:
James M. Gaitis

Editors:
Holt Gwyn

Laura A. Kaster

John J. McCauley

ISBN: 978-1-944825-15-7

Page Count: 726 pages

The Guide provides practical guidance on conducting U.S-based commercial arbitrations and international arbitrations throughout the world. More than 70 prominent arbitrators share their expertise. The revised, updated, and expanded Fourth Edition takes into account new and revised institutional rules, case law, and legislation affecting commercial arbitration, and expands the discussion of the issues arbitrators and counsel confront on a daily basis.

Praised by the leading major dispute resolution adjudicators in the United States, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration continues to be the most relevant, reliable and important resource for all who work in commercial arbitration, both within and outside the United States.

Click the button below to browse the table of contents, read reviews and author details.

After the Evidentiary Hearing: The Award and Post-Award Issues

Live program recorded on Setepmber 25th, 2024

Program Description: The hearing is over. The Evidence is In. Now is the time for the parties to summarize the evidence presented and apply it to their claims and defenses, and for the Arbitrator to evaluate that evidence and render the Award.

This presentation will address what advocates need to understand to effectively present their summations to the Arbitrator, and what Arbitrators need to do to render an enforceable Award. Topics that will be addressed include:

What evidence is in? Is it what was presented through witnesses or everything on the exhibit lists?
Closing briefs: what should be included; common mistakes that advocates make. Should there be simultaneous or consecutive briefing?
Interim and partial-final awards v. one final award. What are the pros and cons of each?
The presentation of costs, interest, and attorneys’ fees. When, and what’s needed.
What is Functus Officio anyway, and what are the exceptions to that doctrine?
Dealing with confidential information, such as trade secrets, in the Award.
How Arbitrators should address witness credibility.
Panel deliberations: reaching consensus.

This program features topics covered in Chapter 12 of the Guide.

Speakers: John Burritt McArthur, Vivien B. Shelanski, Eric W Wiechmann, and Dana Welsh (Moderator)

CLE Details: NYS CLE credit (transitional and non-transitional) in the area of Professional Practice (1.5 hours) and a general certificate of attendance will be provided upon request for all other jurisdictions.
Click Here to download the Attorney Affirmation Form

Unique Characteristics of Construction Arbitration and Techniques to Address Them

Live program recorded on May 31st, 2024

Program Description: There is a need for the arbitrator(s) to understand the customs, practices, processes, and terms that are unique to design and construction disputes. This program will identify the key differences and distinguishing characteristics between construction and commercial arbitration practices and procedures.

Speakers will also discuss techniques for addressing these key differences to minimize undue expenses and disputes. Arbitrator(s) must carefully plan for, structure, and manage the entire construction arbitration process from beginning to end, including:

Preliminary Scheduling Conferences and Scheduling Orders
Planning Discovery and Minimizing Discovery Disputes
Expert Witnesses:  From endorsement through hearing testimony
Technical Aspects of the hearings
Motion Practice
Structuring the presentation of evidence on pay apps, change orders, damage claims, subcontractors and suppliers
Bifurcation of hearings
Interim and Final Awards

This program features topics covered in Chapter 17 of the Guide.

Speakers: Herbert H. (Hal) Gray III, Deborah Bovarnick Mastin, Patricia H. Thompson, and L. Tyrone Holt (Moderator)

CLE Details: NYS CLE credit (transitional and non-transitional) in the area of Professional Practice (1 hour) and a general certificate of attendance will be provided upon request for all other jurisdictions.
Click Here to download the Attorney Affirmation Form

Hear Ye, Hear Ye - Thoughts for Conducting an Effective and Successful Hearing - PART 2

Live program recorded on Setepmber 27th, 2023

Key Topics:

Fact witness testimony – Pros and cons of using written direct witness testimony. Use of depositions in lieu of live testimony. Managing remote witness testimony. Simultaneous fact witness testimony.
Cross examination – What do arbitrators find effective?
Expert witness – Simultaneous expert testimony or "hot tubbing". What makes an effective and persuasive expert?
Management of hearing time – Chess clock, anyone?
Technology – Remote and hybrid hearings.
Closing briefs and closing argument – Timing – Immediately after the last witness or later? Content – What do arbitrators want in a closing submission?

This program features topics covered in Chapter 11 of the Guide.

Speakers: Stephanie Cohen, Michael H. Diamant, Nancy F. Lesser, and Gary McGowan (Moderator)

Hear Ye, Hear Ye - Thoughts for Conducting an Effective and Successful Hearing: PART 1

Live program recorded on May 17th, 2023

Key Topics:

What persuades arbitrators in briefs and at the evidentiary hearing?
The arbitration hearing is in a month. What should I be I be doing differently than I do for a court trial?
We’re having a Final Status Conference next week. How can I make the most of it?
Virtual hearings are here to stay. What are effective remote protocols?
Can the Arbitrator deny my client an in person hearing and require that we conduct the hearing remotely?
Effective opening statements and persuasive direct witness presentation.

This program features topics covered in Chapter 11 of the Guide.

Speakers: Thomas J. Brewer, Nancy F. Lesser, Gilbert K. Squires, Barbara A. Reeves (Moderator)

Don’t Just Go Through the Motions - How to Increase Your Chances of Obtaining Relief Through Motions in Arbitration

Live program recorded on September 14th, 2022

Key Topics:

The arbitration clause does not cover the claim against my client. How should I object to the arbitrator’s jurisdiction?
The arbitration pleading does not state a legally cognizable claim against my client. Can I move to dismiss it?
The opposing party has not produced the documents I need. How should I raise discovery disputes with the arbitrator?
If the case were in court, I would move for summary judgment following fact discovery. Can I do that in arbitration?
Opposing counsel has a conflict of interest. Can I ask the arbitrator to disqualify my adversary?
The opposing party failed to obey the arbitrator’s discovery order. Will the arbitrator entertain my motion for sanctions?

This program features topics covered in Chapter 7 of the Guide.

Speakers: Hiro N. Aragaki, Deborah A. Coleman, William H. Crosby, Jr., Richard H. Silberberg (Moderator)

Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration

Live program recorded on May 4th, 2022

Key Topics:

Document Production: When is Enough Really Enough?
Depositions: Good? Bad? Ugly?
Third-Party Evidence: How Best to Get It.
Confidentiality Orders: Reducing the Pain

This program features topics covered in Chapter 8 of the Guide.

Speakers:
Angela Foster
Marc J. Goldstein
Vivien B. Shelanski
Neal M. Eiseman (Moderator)

Using the Pre-Hearing Conference to Win Your Commercial Arbitration

Live program recorded on October 1st, 2021

Key Topics:

How to Prepare for Your Pre-Hearing Conference
Setting the Stage for Your Claims and Defenses
Disclosure and Depositions
Confidentiality
How Many Hearing Days Do You Really Need?

This program features topics covered in Chapter 6 of the Guide.

Speakers:
Eugene I. Farber
L. Tyrone Holt
Laura A. Kaster
Richard H. Silberberg (Moderator)