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AAA Handbook on Arbitration Practice

 
Price:
$95.00
ISBN: 978-1-933833-47-7
Author: American Arbitration Association
Page Count: 428
Published: August 2010
Media Desc: 1 Hardcover Volume. Index.
Qty:
 
 
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Description

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The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice.  The  Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte.

The  AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field.  The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance.  They not only acquaint, but also ground the reader in the field. 

 

 

Table of Contents

Table of Contents

PART I: Issues in Arbitration Practice and Procedure

1.   Where Should You Litigate Your Business Dispute?  In an Arbitration? Or through the Courts?

      John H. Henn


2.   Keeping Arbitration Easy, Efficient, Economical and User Friendly

      Louis L. C. Chang


3.   Thirty Steps to a Better Arbitration
      Judith B. Ittig and Michael J. Bayard
 

4.   An Arbitrator's Wish List

      Stanley Weinstein


5.   Is Creeping Legalism Infecting Arbitration?
      Gerald F. Phillips


PART II: Arbitrator Selection and Conduct


6.   Selecting the Ideal Arbitrator
      Charles J. Moxley, Jr.


7.   Why Not Provide for Neutral Party-Appointed Arbitrators?

      Robert D. Taichert

  
8.   Chairing an Arbitration
      Judith B. Ittig and Michael J. Bayard
 

9.   May Arbitrators Suggest Mediation? An Informal Survey
      Gerald F. Phillips
 

10. Calling All Arbitrators: Reclaim Control of the Arbitration Process-the Courts Let You

      David E. Robbins

    
PART III: Arbitration Procedure


11. Consolidation, Joinder and Class Actions:  What Arbitrators and Courts May and May Not Do
      Richard Jeydel

   
12. Arbitration and Class Actions after Bazzle
      Samuel Estreicher, Michael J. Puma and Jonathan S. Kraise

    
13. An Update on Multijurisdictional Practice and ADR
      Bruce E. Meyerson

 
14. The Limits on Enforcement of Arbitral Third-Party Subpoenas  Should They Be Loosened?
      Timothy C. Krsul

    
15. The Use of Dispositive Motions in Arbitration
      Alfred G. Ferris and W. Lee Biddle

    
PART IV: Discovery and Evidence in Arbitration

16. Early Discussion of the Evidence:Why the Arbitration Panel Should Not Wait Until All the Evidence Is In
      Terrill D. Albright

    
17. Organizing Documents for Arbitration

      Leslie Trager

    
18. Electronic Discovery in Arbitration: Privilege Issues and Spoliation of Evidence

      Irene C. Warshauer

    
19. The Use of Subpoenas in Arbitration
      Leslie Trager

 
20. Using Experts in Arbitration
      George Ruttinger and Joe Meadows

    
21. The Power of Arbitrators to Award Monetary Sanctions for Discovery Abuse
      Philip D. O'Neill, Jr.

    
PART V: Ethics in Arbitration Practice

22. 2004 Code of Ethics for Commercial Arbitrators Explained

      Bruce Meyerson and John M. Townsend

    
23. Arbitrators Must Investigate or Disclose, Second Circuit Says: Court Opens Door to Evident Partiality Attacks
      Bethany L. Appleby

 
24. Delaying Tactics in Arbitration
      Alain Frécon


25. Who Is Responsible for Ethical Behavior by Counsel in Arbitration?
      Steven C. Bennett


26. An Arbitrator's Authority to Award Attorney Fees for Bad-Faith Arbitration
      John W. Hinchey and Thomas V. Burch

 
PART VI: Damages and Review and Enforcement of Arbitration Awards

27. The Punitive Damages Remedy: Lessons for Drafters of Arbitration Agreements
      Michael D. Nolan and Andrew M. Leblanc


28. No Pay No Play: How to Solve the Non-Paying Party Problem in Arbitration
      Richard J. DeWitt and Richard J. DeWitt III


29. Expanding Judicial Review of Arbitration Awards: The Uncertainty Continues for Drafters of Arbitration Agreements
      Cedric C. Chao and James M. Schurz

 
30. Appeals of Arbitration Awards by Agreement: Why They Should Be Allowed!

      Richard C. Solomon

    
31. A Practical Approach to Affording Review of Commercial Arbitration Awards:
Using an Appellate Arbitrator

      Paul Bennett Marrow

    
32. Judicial Remands of Challenged Awards: Legal and Procedural Issues after Hall Street
      Stuart M. Widman and Donald Lee Rome

Author Detail

The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.

Contributors:

Chapter 1: John Henn

John Henn is an Arbitrator, and ADR counsel to Foley Hoag LLP, in Boston, where he was a Partner for over 30 years. He serves on the commercial, large complex case, international and national panels of the American Arbitration Association. He also serves as an Arbitrator for CRP and FINRA. He has over 40 years of experience in business and commercial litigation and experience as a sole Arbitrator and panel chairman.

Chapter 2: Louis L.C. Chang

Louis L.C. Chang is a Mediator, Arbitrator, and Lawyer in Honolulu, Hawaii. Since 1973, he has worked primarily on commercial and contract matters, construction, insurance and labor and employment disputes. Reflecting the growth of ADR, his practice has increasingly involved increased service as a Mediator, Arbitrator, facilitator, umpire and discovery master. Mr. Chang serves on panels of a number of ADR provider organizations, including the American Arbitration Association, Dispute Prevention & Resolution, Inc., and the Federal Mediation & Conciliation Service. He also serves on the arbitration panel of the Hawaii Labor Relations Board and on the mediation panel of the federal and bankruptcy court in Hawaii.

Chapter 3: Judith B. Ittig and Michael J. Bayard

Michael J. Bayard is a full-time construction Arbitrator, Mediator and project neutral. He chairs the AAA’s Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct Professor. He was recently named to the AAA’s National Construction Master Arbitrator Roster.

Judith B. Ittig practices law in Washington, D.C. She is also an Arbitrator and Mediator, serving on the AAA’s panels for construction, commercial and international cases, as well as the large complex case panel. She is listed on the AAA’s National Construction Master Arbitrator Roster. Mrs. Ittig has been on the AAA’s Arbitrator training faculty since 1996, and she helped develop the 2-day advanced Arbitrator training course. She is a Fellow of the American College of Construction Lawyers and the College of Commercial Arbitrators.

Chapter 4: Stanley Weinstein

Stanley Weinstein, a non-practicing Attorney and CPA, is an Arbitrator specializing in commercial and real estate disputes. He has been on the American Arbitration Association roster since 1994.

Chapter 5: Gerald F. Phillips

Gerald F. Phillips is a full-time Mediator and Arbitrator. He is a founding member of the College of Commercial Arbitrators and is an adjunct Professor of law at Pepperdine School of Law. He is the chair of the ADR Committee of the State Bar of California. He also chairs the Entertainment and ADR Committee of the ABA Section of Dispute Resolution. He serves on panels of the American Film Marketing Association and the American Arbitration Association.

Chapter 6: Charles J. Moxley, Jr.

Charles J. Moxley, Jr. is Counsel to the law firm of Kaplan Fox & Kilsheimer LLP in New York City, where he specializes in litigation, arbitration, and mediation, and spends much of his time as an Arbitrator and Mediator. He is an adjunct Professor of law at Fordham University School of Law and the 2009-2010 Distinguished ADR Practitioner in Residence at Cardozo Law School. He has served on the American Arbitration Association’s Commercial Panel since 1977.

Chapter 7: Robert D. Taichert

Robert D. Taichert is of counsel to Hinkle, Hensley, Shanor & Martin, LLP, in Albuquerque, New Mexico. He serves on the roster of the American Arbitration Association for commercial, construction and large, complex cases. Mr. Taichert has written and lectured on a variety of ADR subjects. He chairs the Revised Uniform Arbitration Act subcommittee of the AAA’s New Mexico Advisory Committee.

Chapter 8: Judith B. Ittig and Michael J. Bayard

Michael J. Bayard is a full-time construction Arbitrator, Mediator and project neutral. He chairs the AAA’s Construction Advisory Subcommittee for the Los Angeles Region and teaches a graduate course in construction management at the University of Southern California, where he is an adjunct Professor. He was recently named to the AAA’s National Construction Master Arbitrator Roster.

Judith Ittig practices law in Washington, D.C. She is also an Arbitrator and Mediator, serving on the AAA’s panels for construction, commercial and international cases, as well as the large complex case panel. She is listed on the AAA’s National Construction Master Arbitrator Roster. Mrs. Ittig has been on the AAA’s Arbitrator training faculty since 1996, and she helped develop the 2-day advanced Arbitrator training course. She is a Fellow of the American College of Construction Lawyers and the College of Commercial Arbitrators.

Chapter 9: Gerald F. Phillips

Gerald F. Phillips is a full-time Mediator and Arbitrator. He is a founding member of the College of Commercial Arbitrators and is an adjunct Professor of law at Pepperdine School of Law. He is the chair of the ADR Committee of the State Bar of California. He also chairs the Entertainment and ADR Committee of the ABA Section of Dispute Resolution. He serves on panels of the American Film Marketing Association and the American Arbitration Association.

Chapter 10: David E. Robbins

David E. Robbins has been an AAA Arbitrator for 25 years and is a Partner in Kaufmann, Gildin Robbins & Oppenheim LLP, in New York City, where he specializes in commercial arbitration, mediation, litigation and disciplinary proceedings before regulatory authorities. Previously, he served as special deputy Attorney general of New York State and was director of the compliance, arbitration and disciplinary hearings departments at the American Stock Exchange. The author of the Securities Arbitration Procedure Manual (5th ed., 2009, Matthew Bender/Lexis/Nexis), he also writes the annual "Practice Commentary" in Article 23-A of the New York General Business Law for McKinney’s Consolidated Laws of New York. In addition, he chaired 23 Practicing Law Institute annual CLE programs on securities arbitration and mediation.

Chapter 11: Richard Jeydel

Richard Jeydel was a Senior Vice President, General Counsel and Corporate Secretary at Kanematsu USA Inc. An Arbitrator and Mediator, he served on the Board of Directors of the American Arbitration Association and on the AAA Roster of Neutrals. He was also a member of the Court of Arbitration for Sport in Lausanne, Switzerland, and was one of the founders of the first Inn of Court devoted to ADR. Mr. Jeydel passed away in 2007.

Chapter 12: Samuel Estreicher, Michael J. Puma, and Jonathan S. Krause

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center for Labor and Employment Law at New York University School of Law; he is also Of Counsel to Jones Day in its labor and employment practice group.

Michael J. Puma is a Partner at the law firm of Morgan, Lewis & Bockius, where he specializes in litigation of discrimination and wage/hour class and collective actions, and a Lecturer at the University of Pennsylvania law school.

Jonathan S. Krause is an Associate at Morgan, Lewis & Bockius.

Chapter 13: Bruce E. Meyerson

Bruce E. Meyerson, a Mediator and Arbitrator in Phoenix, Arizona, serves on the American Arbitration Association’s roster of neutrals. He is a past chair of the American Bar Association Section of Dispute Resolution.

Chapter 14: Timothy C. Krsul

Timothy C. Krsul is a Partner at Oppenheimer Wolff & Donnelly, LLP, in Minneapolis, where he concentrates his practice in the arbitration and litigation of commercial disputes.

Chapter 15: Alfred G. Ferris and W. Lee Biddle

Alfred G. Ferris is a full-time neutral and a commercial, construction and employment Arbitrator and Mediator. He serves on the American Arbitration Association’s Large, Complex Case Panel. He is of counsel with the San Diego law firm of Ferris & Britton APC, of which he was a founding Partner.
W. Lee Biddle is an associate with the firm, practicing in the area of business litigation.

Chapter 16: Terrill D. Albright


Terrill D. Albright is an Attorney at Baker & Daniels in the Indianapolis office. He serves on the Large, Complex Case Panel and the Construction Arbitration Master Panel of the American Arbitration Association.

Chapter 17: Leslie Trager

Leslie Trager is a practicing Attorney in New York City. He also serves on the American Arbitration Association’s panel of commercial arbitrators.

Chapter 18: Irene C. Warshauer

Irene C. Warshauer is an active Attorney, Arbitrator and Mediator in New York City. She serves on the American Arbitration Association’s panel of arbitrators and mediators.

Chapter 19: Leslie Trager

Leslie Trager is a practicing Attorney in New York City. He also serves on the American Arbitration Association’s panel of commercial arbitrators.

Chapter 20: George Ruttinger and Joe Meadows

George Ruttinger is a Partner and chair of the Government Contracts Group in the Washington, D.C., office of Crowell & Moring LLP. He specializes in contract litigation and counseling. He has represented clients in state and federal courts, arbitration proceedings, mini-trials, mediations, and federal administrative agencies.

Joe Meadows is a counsel in Crowell & Moring’s Washington, D.C. office, where he practices commercial litigation.

Chapter 21: Phillip D. O’Neil, Jr.

Phillip D. O’Neil, Jr. is a Partner in the litigation practice group in the Boston and New York offices at Edwards Angell Palmer & Dodge LLP. Mr. O’Neill frequently sits as a domestic and international commercial Arbitrator. Mr. O’Neill was the Nomura Lecturer in Law on International Arbitration at Harvard Law School in 2005. He has been an adjunct Professor of international arbitration at Boston College Law School since 1989. Mr. O’Neill is a Fellow in the College of Commercial Arbitrators, and the Chartered Institute of Arbitrators. He is a chartered Arbitrator as well.

Chapter 22: Bruce Meyerson and John M. Townsend

Bruce Meyerson, a Mediator and Arbitrator in Phoenix, Ariz., is a former judge of the Arizona Court of Appeals and a past chair of the ABA Section of Dispute Resolution. He participated as a member of the ABA delegation on the 2004 revision of the 1977 AAA-ABA Code of Ethics. He is an adjunct Professor at the Arizona State University College of Law where he teaches ADR courses, including the course on Arbitration.

John M. Townsend is a Washington, D.C., Partner of Hughes Hubbard & Reed LLP, where he chairs the Arbitration and ADR Group. He is currently the Chairman of the AAA’s Board of Directors. He served as a member of the AAA delegation during the 2004 revision of the 1997 ABA-AAA Code of Ethics.

Chapter 23: Bethany L. Appleby

Bethany L. Appleby is a Lawyer who represents franchisors in franchise litigation and is a Partner in the New Haven, CT., office of Wiggin & Dana LLP.

Chapter 24: Alain Frécon

Alain Frécon has more than 30 years of experience with commercial and corporate transactions and international litigation. A member of the Minnesota State Bar and a qualified neutral under Rule 114, Minnesota General Rules of Practice, he has been serving as an Arbitrator since 1976. He serves on the American Arbitration Association training faculty and is a Mediator and Arbitrator on the AAA panel for commercial, international and large, complex cases. He also serves on the panel of CPR and the ICC.

Chapter 25: Steven C. Bennett

Steven C. Bennett is a Partner in the New York City offices of Jones Day and the author of ARBITRATION: ESSENTIAL CONCEPTS (2002).

Chapter 26: John W. Hinchey and Thomas V. Burch

John W. Hinchey is a senior Partner at King & Spalding LLP and focuses his practice on domestic and international construction dispute resolution. He is the Past President of the American College of Construction Lawyers, former Chair of the ABA Forum on the Construction Industry, and recently co-authored a treatise, the International Construction Arbitration Handbook, published by ThomsonWest. He currently serves on several arbitration panels, including the American Arbitration Association, JAMS, CPR, and the London Court of International Arbitration/ He is also a member of the Chartered Institute of Arbitrators.

Thomas V. Burch is a Visiting Assistant in Law at Florida State University’s College of Law.

Chapter 27: Michael D. Nolan and Andrew M. Leblanc

Michael D. Nolan is a Partner in the Litigation and Arbitration Groups, and Andrew M. Leblanc is a Partner in the Financial Restructuring and Litigation Groups, in the Washington D.C. office of Milbank, Tweed, Hadley & McCloy LLP.

Chapter 28: Richard J. DeWitt and Richard J. DeWitt, III

Richard J. DeWitt is a Principal at DeWitt Law/ Resolve Disputes in Coral Gables, Florida. He has over 25 years’ experience as a business and technology Attorney and business executive. Mr.DeWitt serves as an Arbitrator and Mediator in domestic and international commercial, business, technology and employment disputes. He is a member of the American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators. He is also a Member of the FINRA Dispute Resolution Board of Arbitrators and serves on the National Arbitration Forum's Panel of Neutrals and the CDRS Panel of Neutrals. He is a Florida Supreme Court Certificated Arbitrator and Florida Supreme Court Certified Circuit Civil Court Mediator. Mr. DeWitt is a member of the Florida Bar, a Fellow of the College of Commercial Arbitrators and Distinguished Fellow of International Academy of Mediators.

Richard J. Dewitt, III is an Attorney at Brigham Moore, LLP, in West Palm Beach, Florida. He practices exclusively in the areas of eminent domain, inverse condemnation, and property rights litigation, protecting the rights of property owners against governmental entities. He is a member of the Florida Bar.

Chapter 29: Cedric C. Chao and James M. Schurz

Cedric C. Chao and James M. Schurz are litigation partners in the San Francisco office of Morrison & Foerster LLP. Mr. Chao co-chairs the firm’s international litigation and arbitration practice.

Chapter 30: Richard C. Solomon

Richard C. Solomon is a labor Arbitrator, Mediator and factfinder in Santa Barbara, California. He serves on the rosters of the Federal and California Mediation and Conciliation Boards, and on Arbitrator panels for a number of large corporations. He began a career in ADR as a part-time labor Arbitrator in 1984, while teaching employment law and ADR at Southwestern University Law School. He is also a former practicing Lawyer.

Chapter 31: Paul Bennett Marrow

Paul Bennett Marrow is an Arbitrator on the commercial panel of the American Arbitration Association, FINRA and is a Fellow of The Charter Institute of Arbitrators, London, England.

Chapter 32: Stuart M. Widman and Donald Lee Rome

Stuart M. Widman is a Partner in Miller Shakman & Beem LLP, in Chicago, where he concentrates on commercial dispute resolution. He is an active Arbitrator and Mediator. He has also acted as counsel to parties in ADR proceedings. He serves on the AAA panel of neutrals.

Donald Lee Rome is a commercial Arbitrator and Mediator on the AAA panel of neutrals. His specialty is business and commercial cases. A retired business Lawyer, he is also a member of the AAA University Arbitrator training faculty.