To Arbitrate or Not to Arbitrate, That is the Question

Thursday 23 April 2026
10:00AM EST / 4:00PM CET (60 minutes)

Hosted on Zoom by JURIS Conferences

Join us for a fireside chat with College of Commercial Arbitration Fellows Loretta Gastwirth and Steven Certilman as they examine the key considerations lawyers face when deciding whether to include arbitration clauses in their agreements. Drawing on the “who, what, when, where, how, and why” of arbitration, the panelists will explore strategic decision making and essential drafting issues to help corporate practitioners make informed choices.

This presentation will highlight topics and techniques from the CCA Guide to Best Practices in Commercial Arbitration (Fifth Edition). Attendees will receive a complimentary digital copy of Chapter 9, “Summoning Non‑Party Witnesses,” and will have the opportunity to purchase the full Guide at a 20% discount using the promotion included.

Webinar Registration


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Please note that this conference will be recorded and may be made available by JURIS after the event. Audience members will not be visible in the recording.

Continuing Legal Education: 1 hour of NYS CLE credit (transitional and non-transitional) in the Areas of Professional Practice. A NYSCLE certificate of attendance will be provided upon request which may be used when applying for credit in other jurisdictions.

Key Topics

Transactional lawyers are often faced with the question of whether to include an arbitration clause in the agreements they draft. The answer is best informed by considering the who, what, when, where, how, and why of arbitration. Our panelists will explore these considerations, along with key drafting issues, to help guide corporate practitioners in making informed decisions, including:

  • Who is your client, what is its business, and how much money will likely be in dispute?
  • What is likely to be the subject of the dispute, and will third parties be involved?
  • When should arbitration be commenced, will emergency relief be necessary, and should mediation be pursued first?
  • Where should the arbitration be held, will the venue be convenient to a party’s business, and what law will apply?
  • How should the arbitration be conducted, before a single arbitrator or a panel, and which administering organization should be selected?
  • Why choose arbitration, considerations of confidentiality, arbitrator expertise, and the expected time to resolution.

Attendees of this program may submit live questions for a Q&A session with the panelists.

Panelists

Loretta M. Gastwirth is an independent Arbitrator and Mediator and former Partner at Meltzer, Lippe, Goldstein & Breitstone, LLP. Loretta serves as an arbitrator and mediator on the Commercial, Construction, Employment and Consumer panels of the American Arbitration Association and its International Centre for Dispute Resolution and as a Mediator for the New York State Supreme Court, Commercial Division Courts. Loretta has been recognized in the 2026 edition of Best Lawyers in America in Arbitration and received many accolades from Long Island Business News. She is the Chair-Elect of the New York State Bar Association, Dispute Resolution Section and a Fellow of the College of Commercial Arbitrators and Co-Chair of its Education Committee.

Steven A. Certilman is a full time arbitrator and mediator with thirty-eight years of experience as a domestic and international commercial arbitrator and mediator and forty years of experience in corporate and commercial law and commercial litigation. He has extensive experience in areas such as M&A, shareholder disputes, IT, insurance, real estate, T&E and IP and is a member of the AAA, ICDR, CPR, CAfA, and numerous other arbitration panels worldwide. He is also a member of the Silicon Valley Arbitration and Mediation center Tech List. Mr. Certilman is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators, a Fellow of the College of Commercial Arbitrators, a CEDR Accredited Mediator (London, England) and a Fellow of the American and New York State Bar Foundations. He is the author of numerous works in the field, a former adjunct professor of law at Fordham University School of Law (international arbitration) and a frequent presenter and trainer in arbitration. Mr. Certilman was honored to have been twice elected to serve as Trustee and Chairman of the Board of Trustees of the Chartered Institute of Arbitrators.

Hosts and Co-Sponsors


JURIS Conferences, in conjunction with JURIS Publishing—a leading legal publisher in Arbitration and Dispute Resolution—is a premier organization dedicated to fostering dialogue among key figures in International Arbitration and ADR. Since its inception, JURIS Conferences has hosted over 100 events worldwide, offering legal practitioners meaningful access to cutting-edge discussions and developments in the field.
CCA Logo
The College of Commercial Arbitrators (CCA), is a professional organization dedicated to advancing excellence in commercial arbitration in the United States and internationally. Widely regarded as a leading voice in alternative dispute resolution, the CCA promotes the highest standards of ethics, conduct, and best practices, while supporting peer training, professional development, and the creation of guidance materials. Through its Fellows and educational efforts, the CCA also works to inform the public, business users, counsel, and non-member arbitrators about effective arbitration practices and to promote diversity within the field.
NYSBA Logo
The New York State Bar Association educates and supports its members, helps shape the law, and advocates for legislation, equal access to justice, and the rule of law. Its Dispute Resolution Section promotes negotiation, mediation, arbitration, and other emerging dispute-resolution methods across all areas of practice.