Wednesday 27 September 2023
12:00 PM Eastern Time / 9:00 AM Pacific Time (75 minutes)
Hosted on ZOOM by JURIS Conferences
This presentation is the fifth installment of an ongoing series of webinars based on the topics and techniques found in the CCA Guide to Best Practices in Commercial Arbitration – Fourth Edition. Attendees will receive complimentary access to Chapter Eleven: The Hearing on the Merits. You can purchase The Guide with a 20% discount using the promotion below.
Registration
Click here to register complimentary on Zoom.
Registration includes access to Chapter Eleven: The Hearing on the Merits
NYS CLE credit (transitional and non-transitional) in the Areas of Professional Practice (1.5 credit hours) a certificate of attendance will be provided upon request which may be used when applying to all other jurisdictions.
The Hearing on the Merits, Part 2 – 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 will include optional audience participation in a Q&A with panelists.
Panelists
Stephanie Cohen is an independent arbitrator of international and domestic disputes based in New York City. Internationally recognized as a leading arbitrator by Chambers Guides and as a Who’s Who Thought Leader, Stephanie is also entrusted by major arbitral institutions to conduct new arbitrator training, including for the AAA since 2019 and for the ICC as Co-Chair of its Advanced Arbitration Academy for North America. She is especially well-known for her work on the impact of technology on arbitration practice and procedure, including as Chair of the Working Group that drafted the ICC Commission Report on Leveraging Technology for Fair, Effective, and Efficient International Arbitrations and as a member of the award-winning ICCA-NYC Bar-CPR Working Group on Cybersecurity. Stephanie has practiced exclusively as an arbitrator since 2012 and is highly experienced with complex commercial disputes arising under a wide range of industries, legal systems, and arbitration rules.
Michael H. Diamant has been an arbitrator and mediator for forty years hearing and resolving complex technology disputes and serving on the panels of the American Arbitration Association, the International Centre for Dispute Resolution, and the International Institute for Conflict Prevention & Resolution. He is a Fellow of the College of Commercial Arbitrators, a Fellow of the Chartered Institute of Arbitrators, and a member of the Tech List and the Executive Committee of the Silicon Valley Arbitration and Mediation Center. He retired at the end of 2016 as partner and remains Of Counsel at Taft Stettinius & Hollister LLP in its Cleveland Ohio office. He has litigated and arbitrated around the country including the U.S. Supreme Court and tried numerous jury and non-jury cases involving complex engineering, IP, and business disputes.
Nancy F. Lesser is the principal of Pax ADR LLC in Washington DC, and brings over 25 years of experience as a neutral to her dispute resolution practice. Ms. Lesser serves as a panelist on the Large Complex Commercial Disputes Panel of the American Arbitration Association; the Panel of Neutrals for the American Health Lawyers Association; and the Panel of Distinguished Neutrals for the Commercial, Banking, Accounting, Financial Services, and Real Estate Panels of the CPR Institute for Dispute Resolution. She is a Fellow of the College of Commercial Arbitrators. She serves as Chair of the Amtrak National Arbitration Panel, which hears disputes between Amtrak and the freight railroads nation wide.
Gary McGowan became a full-time neutral three decades ago, after serving as a founding partner and business litigator at a Houston law firm. He has since arbitrated over 200 matters, including 44 international disputes. He is a Fellow in the Chartered Institute of Arbitrators, the College of Commercial Arbitrators, and the Construction Lawyers Society of America. The following arbitral institutions list him as a panelist: ICDR (international), AAA (commercial, large case, and oil/gas), CPR (national and oil/gas), American Health Lawyers Association, Korean Commercial Arbitration Board, British Columbia International Commercial Arbitration Centre, Hong Kong International Arbitration Centre, and Australian Centre for International Arbitration. Also, he appears on the Energy Arbitrators List, an international panel of energy industry arbitrators sponsored by ICDR.
Moderator:
Barbara A. Reeves is an arbitrator, mediator, and special master with JAMS in Los Angeles, California. She has more than 17 years’ experience arbitrating and mediating the range of commercial business disputes including intellectual property, antitrust, employment, construction, insurance coverage, and entertainment. A graduate of Harvard Law School, she clerked for the Ninth Circuit, was a trial attorney and section chief with the Department of Justice, Antitrust Division, a partner in major law firms (Morrison & Foerster, Fried Frank, Paul Hastings) and associate general counsel at a major electric utility holding company.
Purchase The Guide
College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration – Fourth Edition
The fourth edition of the Guide provides practical guidance on conducting U.S.-based commercial arbitrations and international arbitrations throughout the world. With contributions by more than 70 prominent arbitrators, this book is an indispensable, authoritative reference work for those working and interested in commercial arbitration.
Conference registrants can purchase the CCA Guide to Best Practices in Commercial Arbitration with a 20% discount on print or digital format using the promotional code CCA20.
*Promotional code only valid on orders made via publisher’s website with a credit card.
