Wednesday 25 September 2024
12:00 PM Eastern Time / 9:00 AM Pacific Time (75 minutes)
Hosted on ZOOM by JURIS Conferences
Registration is Complimentary!
This presentation is the seventh installment of an ongoing series of webinars based on the topics and techniques set forth in the CCA Guide to Best Practices in Commercial Arbitration- Fourth Edition. Attendees will receive a complimentary digital copy of Chapter 12 “Awards and Substantive Interlocutory Arbitral Decisions” – from The Guide. Purchase your copy of The Guide with a 25% discount using the promotion below.
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 attendees from other jurisdictions.
Registration
Click here to register complimentary on Zoom.
Registration includes digital access to Chapter 12 – Awards and Substantive Interlocutory Arbitral Decisions
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.
Key Topics
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.
Attendees of this program may submit live questions to the panelists for a Q&A session at the end.
Please note that this session will be recorded and may be made available by JURIS Publishing after the event. Audience members will not be visible in the recording.
Panelists
John Burritt McArthur has been a trial lawyer since 1983 and an arbitrator since 1994. He was one of the first lawyers at Houston’s SusmanGodfrey LLP, where he practiced from 1983 to 1992 and developed a deep background in oil-and-gas trial work. McArthur later became a name partner in San Francisco’s Hosie McArthur LLP, where he worked from 1999 to 2008. He has tried cases in state and federal courts around the country and been honored by many trial-lawyer honorary groups. He was one of the first Fellows of the Litigation Counsel of America. His clients have included some of the world’s largest corporations, two Alaska native corporations, four States, individuals, small businesses, plaintiffs in class actions, and a qui tam relator. McArthur first served as an arbitrator in 1994. He has arbitrated over 125 arbitrations through award. Listed by arbitral organizations including the AAA, CPR, Feb-Arb, FINRA, LCIA, CIARB, and several international arbitration centers, he is a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators (whose Northern California branch he heads), and a Member of the National Academy of Distinguished Neutrals. His most recent major publication (among well over 100 publications) is The Reasoned Arbitration Award in the United States: Its Promise, Problems, Preparation, and Preservation (Juris Publications October 2022).
Vivien B. Shelanski has been a JAMS panelist since 1998 and serves as a mediator, arbitrator, and court-appointed neutral. In her decades long career in ADR, she has resolved hundreds of matters covering a wide spectrum of legal issues and complexities, including business/commercial, construction, employment, intellectual property, real property, technology, and telecommunications matters. She holds a Ph.D. in the Philosophy of Science from the University of Chicago, served as program director at the National Science Foundation (NSF), co-edited a book on the nuclear accident at Three Mile Island, and aided in drafting health policy at the Organization for Economic Cooperation and Development (OECD) in Paris. She was a co-editor of the CCA’s Guide to Best Practices in Commercial Arbitration (3rd Ed.), served on the faculties of Harvard University and the NYU School of Law, and was a law clerk to the Hon. Milton Pollack in the United States District Court for the Southern District of New York.
Eric W Wiechmann is an independent ADR neutral who over the past thirty years has served as both an arbitrator and mediator in a wide range of commercial, energy, employment, professional services, and financial services disputes. Eric was a partner at McCarter & English where he was a litigator and served as its managing partner. He is a member of the AAA’s national Commercial, Energy, Large and Complex Disputes, Consumer and M&A panels and its mediation panel. He is a Fellow of the College of Commercial Arbitrators, a CPR Distinguished Neutral, a member of the National Academy of Distinguished Neutrals, and a FINRA arbitrator and mediator. He has served as an Attorney Trial Referee and Arbitrator for the Connecticut Superior Court, an arbitrator and mediator for the Commercial Division of the New York Supreme Court and is on the USDC SDNY Mediation Panel where he served on its Advisory Panel. He was appointed the arbitrator and mediator in Connecticut for the Dalkon Shield Trust and serves as a Connecticut Bar Association Attorney Fee Dispute arbitrator and mediator.
Moderator:
Dana Welsh has served as an arbitrator for over twenty-two years, presiding over nearly 400 matters, ranging from multi-million dollar cross-border transactions to single claimant employment disputes. She is on the American Arbitration Association’s Large, Complex Commercial Dispute and Employment rosters, as well as the ICDR roster. Dana is the Past-President of CalArb, Inc., President-elect of the College of Commercial Arbitrators, and a Fellow of the Chartered Institute of Arbitrators. She is also a member of the California Lawyers’ Association Litigation Section’s ADR Committee. Dana is a Northern California “Super Lawyer” in ADR and was included in the 2022, 2023 and 2024 Editions of Best Lawyers in America® for arbitration. Before becoming a full-time arbitrator, she was the General Counsel of a technology-focused investment bank and a litigation partner at an AmLaw 50 law firm.
Purchase The Guide
College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration – Fourth Edition
The Most Authoritative and Up-to-Date Practical Guide for Arbitrators and Advocates, 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. Attendees will receive a complimentary digital copy of Chapter 12 “Awards and Substantive Interlocutory Arbitral Decisions” of The Guide.
Review the full description, table of contents, author biographies, and reviews on www.arbitrationlaw.com
Webinar registrants can purchase the CCA Guide to Best Practices in Commercial Arbitration with a 25% discount on print or digital format using the promotional code CCA25.
*Promotional code only valid on orders made via publisher’s website with a credit card.
