College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - Fifth Edition
The revised, updated, and expanded Fifth Edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration is designed to provide practical insights and best practices for commercial arbitration practitioners, whether they are seasoned in the field, advocates, or new to the process. It serves as a road map to navigate the nuances of arbitration, from nominating arbitrators and managing procedural challenges to the drafting and enforcing of arbitral awards.
The Fifth Edition provides important updates based on developments in the law and practice of arbitration, as well as the collective wisdom and experience of the College of Commercial Arbitrators Fellows, who are among the foremost practitioners in the field of commercial arbitration. Fifty prominent arbitrators share their expertise in this edition, considering new and revised institutional rules, case law, and legislation affecting commercial arbitration, and expanding the discussion of the issues arbitrators confront on a daily basis.
Arbitration law continues to evolve at a rapid pace, and ever-increasing numbers of experienced lawyers and other professionals aspire to become arbitrators. Various professional organizations have developed standards, protocols, and guidance for arbitrators and for parties and advocates involved in arbitration proceedings. Moreover, the increased use of commercial arbitration in international commercial transactions, and the fact that many experienced international arbitrators now reside or practice in the United States, have ensured that the United States will serve as a viable seat for the conduct of international arbitrations in the years to come.
Given these developments, further revisions to The Guide were once again warranted. For the first time, The Guide provides in-depth guidance on preserving data privacy and security and on using generative artificial intelligence. In addition, the Fifth Edition contains two appendices relating, respectively, to the use of social media by arbitrators and diversity resources for arbitrators.
The Fifth Edition also features:
- A groundbreaking analysis of arbitrability issues and how arbitrators should address them.
- Enhanced discussion of how to address a party’s failure to pay for arbitrator and institutional fees and expenses.
- Checklists and updated guidance on conducting preliminary conferences and merits hearings.
- A thorough treatment of emergency arbitrators and interim measures.
- An expanded discussion of international arbitration.
The Guide is designed not only to discuss arbitration law and principles but to provide actionable strategies for optimizing the arbitral process. Drawing on lessons learned from real-world cases, input from leading practitioners, and developments in arbitral institutions, it distills essential principles into a practical resource for anyone practicing in the field.
Summary Contents
Contents
Preface
About the Editors
About the Contributors
Abbreviations
Chapter 1
Introduction
Chapter 2
Appointment, Disclosures, and Disqualification of Neutral Arbitrators
Chapter 3
Non-Neutral Arbitrators
Chapter 4
Arbitrator Fees and Expenses
Chapter 5
Determining Jurisdiction and Arbitrability
Chapter 6
Emergency Arbitrators and Interim Relief
Chapter 7
Preliminary Hearings and Prehearing Case Management in General
Chapter 8
Information Exchange
Chapter 9
Summoning Non-Party Witnesses
Chapter 10
Interlocutory Decisions Including Summary Disposition
Chapter 11
Panel Relations
Chapter 12
The Merits Hearing
Chapter 13
Awards
Chapter 14
Post-Award Matters
Chapter 15
Class and Mass Arbitration
Chapter 16
Unique Issues in Construction Arbitration
Chapter 17
International Arbitration (Preliminary Matters)
Chapter 18
International Arbitration (Conduct of Proceedings)
Chapter 19
Serving As Arbitrator and Mediator in the Same Dispute
Chapter 20
Cybersecurity, Data Protection, and Artificial Intelligence
Appendix I
Guidance Note: Arbitration and Social Media
Appendix II
Diversity Resources for Arbitrators
Acknowledgments
Index
EDITORS
John M. Barkett is a partner at the law firm of Shook, Hardy & Bacon L.L.P. in its Miami office. He is a graduate of the University of Notre Dame (B.A. Government, 1972, summa cum laude) and the Yale Law School (J.D. 1975) and served as a law clerk to the Honorable David W. Dyer on the old Fifth Circuit Court of Appeals. Mr. Barkett is an adjunct professor of law at the University of Miami School of Law. He was a member of the Advisory Committee for Civil Rules of the Federal Judicial Conference from 2012 to 2018, and served on the Discovery Subcommittee that developed the December 1, 2015 amendments to the rules, the Rule 23 Subcommittee that developed the 2018 amendments to Rule 23, and the Rule 30(b)(6) and MDL subcommittees. He served as a member of the American Bar Association Standing Committee on Ethics and Professional Responsibility from 2016 to 2019 and 2014 to 2015 and has been serving as a Section of Litigation Liaison to the Committee since 2023. He is also a member of the American Law Institute. Mr. Barkett is a fellow of the College of Commercial Arbitrators (CCA), the American College of Civil Trial Mediators, and the American College of Environmental Lawyers. In 2019, John Barkett was awarded a Lifetime Achievement Award by the Miami Daily Business Review. Mr. Barkett is also Board Certified in International Litigation and Arbitration by the Florida Bar. He is one of Lawdragon’s 500 Leading Litigators in America and was inducted into Lawdragon’s prestigious 2025 Lawdragon Hall of Fame. In November 2003, he was appointed by the presiding judge to serve as the Special Master to oversee the implementation and enforcement of the 1992 Consent Decree between the United States and the State of Florida relating to the multi-billion dollar restoration of the Florida Everglades. John Barkett has been arbitrating and mediating cases for nearly thirty years domestically or internationally, and is a prolific writer, having published more than 125 articles and two books on topics as varied as arbitration, mediation, the Roberts’ Court, legal ethics, e-discovery, civil procedure, and environmental and commercial law.
Deborah A. Coleman is an arbitrator, mediator and professional ethics counsel based in Cleveland, Ohio. Before establishing her solo practice in 2013, Ms. Coleman was a partner with Hahn, Loeser & Parks, LLP, where she litigated complex business and commercial cases, including antitrust, intellectual property and technology disputes, and served as the firm’s Ethics Partner. Ms. Coleman is a former chair and member of the ABA Standing Committee on Ethics and Professional Responsibility, and has held multiple leadership positions in the Cleveland Metropolitan Bar Association. From 2003 to 2006, she was a member of the Ohio Supreme Court’s Task Force on the Model Rules of Professional Conduct. Deborah Coleman is a fellow of the College of Commercial Arbitrators, and on the Tech List of the Silicon Valley Arbitration & Mediation Center. She is on the Commercial, Complex Commercial and Technology panels of the American Arbitration Association, and the Distinguished Panel of Neutrals of the CPR International Institute for Conflict Prevention and Resolution. She has published articles on antitrust law, arbitration, and professional ethics, and is the author of the chapter “Requests for Interim Relief” in Singer, ed. Arbitrating Commercial Disputes in the United States (2d ed. 2020). Deborah Coleman graduated from Harvard University (B.A. Government 1973 magna cum laude) and from the Harvard Law School (J.D. 1976).
Neal M. Eiseman, a past-president of the College of Commercial Arbitrators, is a full-time arbitrator and mediator with Eiseman ADR LLC, which he established in January 2020 after more than 35 years litigating and arbitrating complex commercial disputes in New York and throughout the United States.
Mr. Eiseman is a Fellow of the Chartered Institute of Arbitrators, as well as a Member of the National Academy of Distinguished Neutrals. He serves on the Panel of Construction Arbitrators of the American Arbitration Association (AAA), including its Construction Arbitration Master Panel. He is a member of the Panel of Arbitrators for the International Centre for Dispute Resolution, a member of both the AAA’s Construction Master Mediation Panel and the Panel of Mediators of the International Centre for Dispute Resolution. Chambers USA ranks Neal Eiseman as a Band 1 Construction Mediator in New York. He trains newly admitted arbitrators for the AAA and several times he has taught an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.” He is a former Chair of the ABA Section of Litigation’s Committee on Arbitration.
As an adjunct professor at Cardozo School of Law, Mr. Eiseman taught a course on Construction Law for several years. He also served as an adjunct professor at New York University where, for more than 25 years, he taught masters-level courses in construction, real estate law, negotiation, and dispute resolution. In 2015, Mr. Eiseman received NYU’s School of Professional Studies “Award for Outstanding Service.”
Neal Eiseman is a 2024 Best Lawyer in Construction Law, Arbitration, and Mediation. Super Lawyers named him as one of the “Top 100 Lawyers” across-the-board for the New York Metropolitan Area in 2016, 2017, 2018, 2021, 2022, 2023, and 2024. In 2017, Best Lawyers selected Mr. Eiseman as the “Lawyer of the Year” in New York City for “Litigation-Construction Law.”
John Burritt McArthur was one of the trial first lawyers at Houston’s Susman Godfrey LLP, where he practiced from 1983 to 1992, and later a name partner in San Francisco’s Hosie McArthur LLP. He has focused his time on serving as an arbitrator since 2009, arbitrating almost 150 arbitrations to award.
Mr. McArthur is listed by arbitration organizations including the American Arbitration Association, CPR, Fed-Arb and international arbitration centers HKIAC, AIAC, and DIAC. He is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators, and a Member of the National Academy of Distinguished Neutrals. He was also one of the first members of the honorary trial-lawyer organization, the Litigation Counsel of America. His most recent book, The Reasoned Arbitration Award in the United States: Its Promise, Problems, Preparation, and Preservation, was published in October 2022 by Juris Publishing.
Myra C. Selby is an arbitrator, mediator and attorney who served as an associate justice on the Indiana Supreme Court from 1995 to 1999. Her legal practice, based at the Indianapolis office of Ice, Miller LLP, focuses on the areas of appellate practice, compliance counseling, complex litigation and risk management. Before her appointment to the Court, she was director of health care policy for the state of Indiana, where she was responsible for policy development and the execution of state health care programs, including Medicaid managed care.
Myra Selby is an arbitrator and mediator on the Commercial, Healthcare, and Large Complex Commercial Panels of the American Arbitration Association. She is also an arbitrator and mediator with the American Health Lawyers Association Alternative Dispute Resolution Service. Ms. Selby is a former chair of the American Bar Association Dispute Resolution Section, and has held other bar leadership positions. She is a member of the State Board of Law Examiners Committee on Character and Fitness, Indiana Supreme Court. An elected member of the American Law Institute, she was an adviser to the Restatement of the Law Third, Torts, “Liability for Physical and Emotional Harm.” Ms. Selby writes and speaks frequently on a variety of regulatory, business and legal topics. She is a Fellow of the American Health Lawyers Association and the College of Commercial Arbitrators. Myra Selby is a graduate of Kalamazoo College and the University of Michigan School of Law.
Steven Skulnik is an international commercial arbitrator. He has co-chaired the Arbitration Committee of the New York State Bar Association’s Dispute Resolution Section and chaired the New York City Bar Association’s Arbitration Committee. He also sits on the City Bar’s International Commercial Disputes Committee and the ICDR’s Publications Committee. He is a fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators and is a member of the Silicon Valley Arbitration & Mediation Center, International Arbitration Club of New York, New York International Arbitration Center (NYIAC), and the National Academy of Distinguished Neutrals. Mr. Skulnik is also a senior specialist legal editor in the litigation and arbitration services of Thomson Reuter’s Practical Law division. In that capacity, he writes and edits legal know-how resources that help law firm lawyers, in-house counsel, and arbitrators perform more effectively and efficiently. Steve Skulnik is a graduate of Brandeis University and Cardozo Law School.
CONTRIBUTORS
As Fellows of the College of Commercial Arbitrators, the following men and women contributed to one or more editions of this guide. All brought their substantial and varied experience as arbitrators to bear in their contributions.
Those now deceased are indicated with an asterisk (*).
Laura Abrahamson, Los Angeles, California
Gerald Aksen*, New York, New York
David Allgeyer, Minneapolis, Minnesota
Henri C. Alvarez, Vancouver, Canada
Markham Ball, Haverford, Pennsylvania
John M. Barkett, Miami, Florida
John A. Barrett, Houston, Texas
William L. D. Barrett, New York, New York
Robert E. Bartkus, Morristown, New Jersey
William G. Bassler, Denver, Colorado
Albert Bates, Jr., Pittsburgh, Pennsylvania
Axel Baum, Paris, France
Bruce W. Belding*, Sausalito, California
Gary L. Benton, Palo Alto, California
Trey Bergman, Denver, North Carolina
R. Doak Bishop, Houston, Texas
John T. Blankenship, Franklin, Tennessee/Sparta, Tennessee
John P. Bowman, Houston, Texas
John K. Boyce, III, San Antonio, Texas
David N. Brainin*, Bronx, New York
Thomas J. Brewer, Seattle, Washington
John E. Bulman, Providence, Rhode Island
Mark J. Bunim, New York, New York
Rebecca Callahan, Newport Beach, California
Joseph F. Canterbury, Jr., Tyler, Texas
James H. Carter, New York, New York
Theodore K. Cheng, Princeton Junction, New Jersey
Richard Chernick, Los Angeles, California
Louis Coffey, Hamburg, Pennsylvania
Deborah A. Coleman, Cleveland, Ohio
Harold Coleman, Jr., Esq., San Diego, California
Peter D. Collisson, Laguna Beach, California
Winslow Christian*, Camptonville, California
Louis A. Craco*, Manhasset, New York
Philip E. Cutler, Seattle, Washington
Robert B. Davidson, New York, New York
Louise E. Dembeck, New York, New York
M. Scott Donahey, Sacramento, California
Paul J. Dubow, San Francisco, California
Kabir Duggal, Ph.D., New York, New York
James W. Durham, Media, Pennsylvania
Neal M. Eiseman, New York, New York
Jay W. Elston, Houston, Texas
David L. Evans, Boston, Massachusetts
Eugene I. Farber, White Plains, New York
William B. Fitzgerald, Los Angeles, California
Angela Foster, Ph.D., North Brunswick, New Jersey
James M. Gaitis, Whitefish, Montana
Patricia D. Galloway*, Cle Elum, Washington
Walter G. Gans, Charleston, South Carolina
Barry H. Garfinkel*, New York, New York
Eugene S. Ginsberg, Garden City, New York
Ruth V. Glick, Burlingame, California
George Gluck, New Canaan, Connecticut
Marc J. Goldstein, New York, New York
Herbert H. (Hal) Gray, III, Atlanta, Georgia
James P. Groton, Atlanta, Georgia
A. Holt Gwyn*, Greensboro, North Carolina
Grant Hanessian, Brooklyn, New York
Sally A. Harpole, San Francisco, California
David M. Heilbron*, San Francisco, California
Carol E. Heckman, Buffalo, New York
John W. Hinchey, Washington, DC
Faith Hochberg, New York, New York
John R. Holsinger, Hackensack, New Jersey
L. Tyrone Holt, Denver, Colorado
Robert A. Holtzman*, Los Angeles, California
Carl F. Ingwalson, Jr., San Diego, California
Sherman Kahn, New York, New York
John Kagel, Palo Alto, California
Alan M. Kanter, Bloomfield Hills, Michigan
Laura A. Kaster, Princeton, New Jersey
Richard H. Kreindler, Frankfort, Germany
A. J. Krouse, New Orleans, Louisiana
Urs M. Laeuchli, San Francisco, California
Louise A. LaMothe, Santa Barbara, California
June R. Lehrman, Los Angeles, California
Larry R. Leiby, Ft. Lauderdale, Florida
William H. Lemons, Tyler, Texas
Nancy F. Lesser, Washington, DC
Richard A. Levie, Washington, DC
William H. Levit, Jr., Milwaukee, Wisconsin
James R. Madison, Menlo Park, California
Richard R. Mainland, Los Angeles, California
Deborah B. Mastin, Miami, Florida
Richard L. Mattiaccio, New York, New York
John Burritt McArthur, Berkeley, California/Houston, Texas
John J. McCauley, Los Angeles, California
Gary V. McGowan, Houston, Texas
Bruce E. Meyerson, Phoenix, Arizona
Lawrence R. Mills, San Francisco, California
Mark C. Morril, New York, New York
Carroll E. Neesemann*, Brooklyn, New York
Lawrence W. Newman, New York, New York
Michael S. Oberman*, New York, New York
Allen Overcash*, Lincoln, Nebraska
Gerald F. Phillips*, Los Angeles, California
Susan H. Nycum, Portola Valley, California
Philip D. O’Neill, Boston, Massachusetts
Elliot E. Polebaum, Washington, DC
Lucy F. Reed, New York, New York
Thomas D. Reese*, Palo Alto, California
Barbara A. Reeves, Los Angeles, California
Kathleen A. Roberts, New York, New York
Ann R. Robertson, Houston, Texas
Deborah Rothman, Los Angeles, California
Giovanni M. Ruscitti, Boulder, Colorado
Lawrence S. Schaner, Chicago, Illinois
John M. Seitman, Del Mar, California
Vivien B. Shelanski, New York, New York
John A. Sherrill, Atlanta, Georgia
Richard H. Silverberg, New York, New York
Peter R. Silverman, Toledo, Ohio
Katherine M. Simpson, Ypsilanti, Michigan
Stanley P. Sklar*, Deerfield, Illinois
Allison J. Snyder, Houston, Texas
Francis O. Spalding*, San Francisco, California
Gilbert K. Squires, Miami, Florida
Stephen S. Strick, New York, New York/Los Angeles, California
Edna R. Sussman, New York, New York
R. Wayne Thorpe, Atlanta, Georgia
John M. Townsend, Washington, DC
Christi L. Underwood, Winter Park, Florida
Curtis E. von Kann, Washington, DC
Robert W. Wachsmuth*, San Antonio, Texas
David E. Wagoner*, Seattle, Washington
Irene C. Warshauer, New York, New York
Robert P. Wax, Palm Beach Gardens, Florida
Conna Weiner, Boston, Massachusetts
Dana Welch, Berkeley, California
Michael S. Wilk, Houston, Texas
John H. Wilkinson, Johns Island, South Carolina
David B. Wilson, Denver, Colorado
Richard F. Ziegler, New York, New York
The fifth edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration arrives at a crucial moment in the evolution of commercial dispute resolution, offering essential guidance for today's complex arbitration landscape. This comprehensively updated volume, with timely new chapters on cybersecurity, data protection, and diversity resources, continues the CCA's tradition of excellence while addressing the emerging challenges arbitrators face in our rapidly changing legal and technological environment. It is an indispensable resource for arbitrators, advocates, and anyone seeking efficient and effective commercial dispute resolution.
—Bridget McCormack, President and Chief Executive Officer, American Arbitration Association
This new edition of the Guide to Best Practices in Commercial Arbitration once again reflects the CCA’s thoughtful responsiveness to the evolving needs of the arbitration community. It offers practical, forward-looking guidance informed by both technological developments and real-world experience. Rather than simply revising existing material, the contributors have integrated meaningful feedback and lessons from the field to produce a clear, authoritative resource. It is a foundational tool for both new and experienced arbitrators and legal counsel committed to maintaining arbitration as an efficient and effective alternative to litigation.
—Serena Lee, President and CEO, CPR Institute and CPR Dispute Resolution Services
While underscoring the important role of arbitration, this latest edition of Best Practices in Commercial Arbitration is a timely and vital resource for arbitration practitioners. With all chapters updated and a few new ones added, it blends the most current practical guidance with insights shaped by the real-world experience of leaders in the arbitration field. It is an essential reference for both emerging professionals and seasoned counsel navigating complex issues.
—Kimberly Taylor, President and CEO, JAMS
EDITORS
John M. Barkett is a partner at the law firm of Shook, Hardy & Bacon L.L.P. in its Miami office. He is a graduate of the University of Notre Dame (B.A. Government, 1972, summa cum laude) and the Yale Law School (J.D. 1975) and served as a law clerk to the Honorable David W. Dyer on the old Fifth Circuit Court of Appeals. Mr. Barkett is an adjunct professor of law at the University of Miami School of Law. He was a member of the Advisory Committee for Civil Rules of the Federal Judicial Conference from 2012 to 2018, and served on the Discovery Subcommittee that developed the December 1, 2015 amendments to the rules, the Rule 23 Subcommittee that developed the 2018 amendments to Rule 23, and the Rule 30(b)(6) and MDL subcommittees. He served as a member of the American Bar Association Standing Committee on Ethics and Professional Responsibility from 2016 to 2019 and 2014 to 2015 and has been serving as a Section of Litigation Liaison to the Committee since 2023. He is also a member of the American Law Institute. Mr. Barkett is a fellow of the College of Commercial Arbitrators (CCA), the American College of Civil Trial Mediators, and the American College of Environmental Lawyers. In 2019, John Barkett was awarded a Lifetime Achievement Award by the Miami Daily Business Review. Mr. Barkett is also Board Certified in International Litigation and Arbitration by the Florida Bar. He is one of Lawdragon’s 500 Leading Litigators in America and was inducted into Lawdragon’s prestigious 2025 Lawdragon Hall of Fame. In November 2003, he was appointed by the presiding judge to serve as the Special Master to oversee the implementation and enforcement of the 1992 Consent Decree between the United States and the State of Florida relating to the multi-billion dollar restoration of the Florida Everglades. John Barkett has been arbitrating and mediating cases for nearly thirty years domestically or internationally, and is a prolific writer, having published more than 125 articles and two books on topics as varied as arbitration, mediation, the Roberts’ Court, legal ethics, e-discovery, civil procedure, and environmental and commercial law.
Deborah A. Coleman is an arbitrator, mediator and professional ethics counsel based in Cleveland, Ohio. Before establishing her solo practice in 2013, Ms. Coleman was a partner with Hahn, Loeser & Parks, LLP, where she litigated complex business and commercial cases, including antitrust, intellectual property and technology disputes, and served as the firm’s Ethics Partner. Ms. Coleman is a former chair and member of the ABA Standing Committee on Ethics and Professional Responsibility, and has held multiple leadership positions in the Cleveland Metropolitan Bar Association. From 2003 to 2006, she was a member of the Ohio Supreme Court’s Task Force on the Model Rules of Professional Conduct. Deborah Coleman is a fellow of the College of Commercial Arbitrators, and on the Tech List of the Silicon Valley Arbitration & Mediation Center. She is on the Commercial, Complex Commercial and Technology panels of the American Arbitration Association, and the Distinguished Panel of Neutrals of the CPR International Institute for Conflict Prevention and Resolution. She has published articles on antitrust law, arbitration, and professional ethics, and is the author of the chapter “Requests for Interim Relief” in Singer, ed. Arbitrating Commercial Disputes in the United States (2d ed. 2020). Deborah Coleman graduated from Harvard University (B.A. Government 1973 magna cum laude) and from the Harvard Law School (J.D. 1976).
Neal M. Eiseman, a past-president of the College of Commercial Arbitrators, is a full-time arbitrator and mediator with Eiseman ADR LLC, which he established in January 2020 after more than 35 years litigating and arbitrating complex commercial disputes in New York and throughout the United States.
Mr. Eiseman is a Fellow of the Chartered Institute of Arbitrators, as well as a Member of the National Academy of Distinguished Neutrals. He serves on the Panel of Construction Arbitrators of the American Arbitration Association (AAA), including its Construction Arbitration Master Panel. He is a member of the Panel of Arbitrators for the International Centre for Dispute Resolution, a member of both the AAA’s Construction Master Mediation Panel and the Panel of Mediators of the International Centre for Dispute Resolution. Chambers USA ranks Neal Eiseman as a Band 1 Construction Mediator in New York. He trains newly admitted arbitrators for the AAA and several times he has taught an intensive five-day AAA mediator training program entitled “Essential Mediation Skills for the New Mediator.” He is a former Chair of the ABA Section of Litigation’s Committee on Arbitration.
As an adjunct professor at Cardozo School of Law, Mr. Eiseman taught a course on Construction Law for several years. He also served as an adjunct professor at New York University where, for more than 25 years, he taught masters-level courses in construction, real estate law, negotiation, and dispute resolution. In 2015, Mr. Eiseman received NYU’s School of Professional Studies “Award for Outstanding Service.”
Neal Eiseman is a 2024 Best Lawyer in Construction Law, Arbitration, and Mediation. Super Lawyers named him as one of the “Top 100 Lawyers” across-the-board for the New York Metropolitan Area in 2016, 2017, 2018, 2021, 2022, 2023, and 2024. In 2017, Best Lawyers selected Mr. Eiseman as the “Lawyer of the Year” in New York City for “Litigation-Construction Law.”
John Burritt McArthur was one of the trial first lawyers at Houston’s Susman Godfrey LLP, where he practiced from 1983 to 1992, and later a name partner in San Francisco’s Hosie McArthur LLP. He has focused his time on serving as an arbitrator since 2009, arbitrating almost 150 arbitrations to award.
Mr. McArthur is listed by arbitration organizations including the American Arbitration Association, CPR, Fed-Arb and international arbitration centers HKIAC, AIAC, and DIAC. He is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators, and a Member of the National Academy of Distinguished Neutrals. He was also one of the first members of the honorary trial-lawyer organization, the Litigation Counsel of America. His most recent book, The Reasoned Arbitration Award in the United States: Its Promise, Problems, Preparation, and Preservation, was published in October 2022 by Juris Publishing.
Myra C. Selby is an arbitrator, mediator and attorney who served as an associate justice on the Indiana Supreme Court from 1995 to 1999. Her legal practice, based at the Indianapolis office of Ice, Miller LLP, focuses on the areas of appellate practice, compliance counseling, complex litigation and risk management. Before her appointment to the Court, she was director of health care policy for the state of Indiana, where she was responsible for policy development and the execution of state health care programs, including Medicaid managed care.
Myra Selby is an arbitrator and mediator on the Commercial, Healthcare, and Large Complex Commercial Panels of the American Arbitration Association. She is also an arbitrator and mediator with the American Health Lawyers Association Alternative Dispute Resolution Service. Ms. Selby is a former chair of the American Bar Association Dispute Resolution Section, and has held other bar leadership positions. She is a member of the State Board of Law Examiners Committee on Character and Fitness, Indiana Supreme Court. An elected member of the American Law Institute, she was an adviser to the Restatement of the Law Third, Torts, “Liability for Physical and Emotional Harm.” Ms. Selby writes and speaks frequently on a variety of regulatory, business and legal topics. She is a Fellow of the American Health Lawyers Association and the College of Commercial Arbitrators. Myra Selby is a graduate of Kalamazoo College and the University of Michigan School of Law.
Steven Skulnik is an international commercial arbitrator. He has co-chaired the Arbitration Committee of the New York State Bar Association’s Dispute Resolution Section and chaired the New York City Bar Association’s Arbitration Committee. He also sits on the City Bar’s International Commercial Disputes Committee and the ICDR’s Publications Committee. He is a fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators and is a member of the Silicon Valley Arbitration & Mediation Center, International Arbitration Club of New York, New York International Arbitration Center (NYIAC), and the National Academy of Distinguished Neutrals. Mr. Skulnik is also a senior specialist legal editor in the litigation and arbitration services of Thomson Reuter’s Practical Law division. In that capacity, he writes and edits legal know-how resources that help law firm lawyers, in-house counsel, and arbitrators perform more effectively and efficiently. Steve Skulnik is a graduate of Brandeis University and Cardozo Law School.
CONTRIBUTORS
As Fellows of the College of Commercial Arbitrators, the following men and women contributed to one or more editions of this guide. All brought their substantial and varied experience as arbitrators to bear in their contributions.
Those now deceased are indicated with an asterisk (*).
Laura Abrahamson, Los Angeles, California
Gerald Aksen*, New York, New York
David Allgeyer, Minneapolis, Minnesota
Henri C. Alvarez, Vancouver, Canada
Markham Ball, Haverford, Pennsylvania
John M. Barkett, Miami, Florida
John A. Barrett, Houston, Texas
William L. D. Barrett, New York, New York
Robert E. Bartkus, Morristown, New Jersey
William G. Bassler, Denver, Colorado
Albert Bates, Jr., Pittsburgh, Pennsylvania
Axel Baum, Paris, France
Bruce W. Belding*, Sausalito, California
Gary L. Benton, Palo Alto, California
Trey Bergman, Denver, North Carolina
R. Doak Bishop, Houston, Texas
John T. Blankenship, Franklin, Tennessee/Sparta, Tennessee
John P. Bowman, Houston, Texas
John K. Boyce, III, San Antonio, Texas
David N. Brainin*, Bronx, New York
Thomas J. Brewer, Seattle, Washington
John E. Bulman, Providence, Rhode Island
Mark J. Bunim, New York, New York
Rebecca Callahan, Newport Beach, California
Joseph F. Canterbury, Jr., Tyler, Texas
James H. Carter, New York, New York
Theodore K. Cheng, Princeton Junction, New Jersey
Richard Chernick, Los Angeles, California
Louis Coffey, Hamburg, Pennsylvania
Deborah A. Coleman, Cleveland, Ohio
Harold Coleman, Jr., Esq., San Diego, California
Peter D. Collisson, Laguna Beach, California
Winslow Christian*, Camptonville, California
Louis A. Craco*, Manhasset, New York
Philip E. Cutler, Seattle, Washington
Robert B. Davidson, New York, New York
Louise E. Dembeck, New York, New York
M. Scott Donahey, Sacramento, California
Paul J. Dubow, San Francisco, California
Kabir Duggal, Ph.D., New York, New York
James W. Durham, Media, Pennsylvania
Neal M. Eiseman, New York, New York
Jay W. Elston, Houston, Texas
David L. Evans, Boston, Massachusetts
Eugene I. Farber, White Plains, New York
William B. Fitzgerald, Los Angeles, California
Angela Foster, Ph.D., North Brunswick, New Jersey
James M. Gaitis, Whitefish, Montana
Patricia D. Galloway*, Cle Elum, Washington
Walter G. Gans, Charleston, South Carolina
Barry H. Garfinkel*, New York, New York
Eugene S. Ginsberg, Garden City, New York
Ruth V. Glick, Burlingame, California
George Gluck, New Canaan, Connecticut
Marc J. Goldstein, New York, New York
Herbert H. (Hal) Gray, III, Atlanta, Georgia
James P. Groton, Atlanta, Georgia
A. Holt Gwyn*, Greensboro, North Carolina
Grant Hanessian, Brooklyn, New York
Sally A. Harpole, San Francisco, California
David M. Heilbron*, San Francisco, California
Carol E. Heckman, Buffalo, New York
John W. Hinchey, Washington, DC
Faith Hochberg, New York, New York
John R. Holsinger, Hackensack, New Jersey
L. Tyrone Holt, Denver, Colorado
Robert A. Holtzman*, Los Angeles, California
Carl F. Ingwalson, Jr., San Diego, California
Sherman Kahn, New York, New York
John Kagel, Palo Alto, California
Alan M. Kanter, Bloomfield Hills, Michigan
Laura A. Kaster, Princeton, New Jersey
Richard H. Kreindler, Frankfort, Germany
A. J. Krouse, New Orleans, Louisiana
Urs M. Laeuchli, San Francisco, California
Louise A. LaMothe, Santa Barbara, California
June R. Lehrman, Los Angeles, California
Larry R. Leiby, Ft. Lauderdale, Florida
William H. Lemons, Tyler, Texas
Nancy F. Lesser, Washington, DC
Richard A. Levie, Washington, DC
William H. Levit, Jr., Milwaukee, Wisconsin
James R. Madison, Menlo Park, California
Richard R. Mainland, Los Angeles, California
Deborah B. Mastin, Miami, Florida
Richard L. Mattiaccio, New York, New York
John Burritt McArthur, Berkeley, California/Houston, Texas
John J. McCauley, Los Angeles, California
Gary V. McGowan, Houston, Texas
Bruce E. Meyerson, Phoenix, Arizona
Lawrence R. Mills, San Francisco, California
Mark C. Morril, New York, New York
Carroll E. Neesemann*, Brooklyn, New York
Lawrence W. Newman, New York, New York
Michael S. Oberman*, New York, New York
Allen Overcash*, Lincoln, Nebraska
Gerald F. Phillips*, Los Angeles, California
Susan H. Nycum, Portola Valley, California
Philip D. O’Neill, Boston, Massachusetts
Elliot E. Polebaum, Washington, DC
Lucy F. Reed, New York, New York
Thomas D. Reese*, Palo Alto, California
Barbara A. Reeves, Los Angeles, California
Kathleen A. Roberts, New York, New York
Ann R. Robertson, Houston, Texas
Deborah Rothman, Los Angeles, California
Giovanni M. Ruscitti, Boulder, Colorado
Lawrence S. Schaner, Chicago, Illinois
John M. Seitman, Del Mar, California
Vivien B. Shelanski, New York, New York
John A. Sherrill, Atlanta, Georgia
Richard H. Silverberg, New York, New York
Peter R. Silverman, Toledo, Ohio
Katherine M. Simpson, Ypsilanti, Michigan
Stanley P. Sklar*, Deerfield, Illinois
Allison J. Snyder, Houston, Texas
Francis O. Spalding*, San Francisco, California
Gilbert K. Squires, Miami, Florida
Stephen S. Strick, New York, New York/Los Angeles, California
Edna R. Sussman, New York, New York
R. Wayne Thorpe, Atlanta, Georgia
John M. Townsend, Washington, DC
Christi L. Underwood, Winter Park, Florida
Curtis E. von Kann, Washington, DC
Robert W. Wachsmuth*, San Antonio, Texas
David E. Wagoner*, Seattle, Washington
Irene C. Warshauer, New York, New York
Robert P. Wax, Palm Beach Gardens, Florida
Conna Weiner, Boston, Massachusetts
Dana Welch, Berkeley, California
Michael S. Wilk, Houston, Texas
John H. Wilkinson, Johns Island, South Carolina
David B. Wilson, Denver, Colorado
Richard F. Ziegler, New York, New York
The fifth edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration arrives at a crucial moment in the evolution of commercial dispute resolution, offering essential guidance for today's complex arbitration landscape. This comprehensively updated volume, with timely new chapters on cybersecurity, data protection, and diversity resources, continues the CCA's tradition of excellence while addressing the emerging challenges arbitrators face in our rapidly changing legal and technological environment. It is an indispensable resource for arbitrators, advocates, and anyone seeking efficient and effective commercial dispute resolution.
—Bridget McCormack, President and Chief Executive Officer, American Arbitration Association
This new edition of the Guide to Best Practices in Commercial Arbitration once again reflects the CCA’s thoughtful responsiveness to the evolving needs of the arbitration community. It offers practical, forward-looking guidance informed by both technological developments and real-world experience. Rather than simply revising existing material, the contributors have integrated meaningful feedback and lessons from the field to produce a clear, authoritative resource. It is a foundational tool for both new and experienced arbitrators and legal counsel committed to maintaining arbitration as an efficient and effective alternative to litigation.
—Serena Lee, President and CEO, CPR Institute and CPR Dispute Resolution Services
While underscoring the important role of arbitration, this latest edition of Best Practices in Commercial Arbitration is a timely and vital resource for arbitration practitioners. With all chapters updated and a few new ones added, it blends the most current practical guidance with insights shaped by the real-world experience of leaders in the arbitration field. It is an essential reference for both emerging professionals and seasoned counsel navigating complex issues.
—Kimberly Taylor, President and CEO, JAMS
Summary Contents
Contents
Preface
About the Editors
About the Contributors
Abbreviations
Chapter 1
Introduction
Chapter 2
Appointment, Disclosures, and Disqualification of Neutral Arbitrators
Chapter 3
Non-Neutral Arbitrators
Chapter 4
Arbitrator Fees and Expenses
Chapter 5
Determining Jurisdiction and Arbitrability
Chapter 6
Emergency Arbitrators and Interim Relief
Chapter 7
Preliminary Hearings and Prehearing Case Management in General
Chapter 8
Information Exchange
Chapter 9
Summoning Non-Party Witnesses
Chapter 10
Interlocutory Decisions Including Summary Disposition
Chapter 11
Panel Relations
Chapter 12
The Merits Hearing
Chapter 13
Awards
Chapter 14
Post-Award Matters
Chapter 15
Class and Mass Arbitration
Chapter 16
Unique Issues in Construction Arbitration
Chapter 17
International Arbitration (Preliminary Matters)
Chapter 18
International Arbitration (Conduct of Proceedings)
Chapter 19
Serving As Arbitrator and Mediator in the Same Dispute
Chapter 20
Cybersecurity, Data Protection, and Artificial Intelligence
Appendix I
Guidance Note: Arbitration and Social Media
Appendix II
Diversity Resources for Arbitrators
Acknowledgments
Index