College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition - Downloadable Electronic Product

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About the book:
The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This second edition of the Guide refines the guidance contained in the first edition to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery.

There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases.

Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing "best practices" materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.

 Preface

About the Editors

About the Contributors

Chapter 1

INTRODUCTION

by Winslow Christiann, James M. Gaitis, June R. Lehrman, and Curtis E. von Kann

Chapter 2

APPOINTMENT, DISCLOSURES, AND DISQUALIFICATION OF NEUTRAL ARBITRATORS

by James H. Carter, Paul J. Dubow, Ruth V. Glick, Robert A. Holtzman, June R. Lehrman, James R. Madison, and Bruce E. Meyerson

I. INTRODUCTION

II. APPOINTMENT OF ARBITRATORS

A. Initial Communications

B. Determining Impartiality and Independence

C. Determining Fitness to Serve

D. Establishing Terms of Appointment

E. Appointments Made through Arbitral Institutions

F. Appointments in Ad Hoc Arbitrations

G. Party-Appointed Neutral Arbitrators

III. DISCLOSURES

A. FAA

B. RUAA

C. AAA/ABA Code

D. Other Ethical Standards

E. California Requirements

IV. DISQUALIFICATION

V. CONTINUING DISCLOSURES AND LIMITATIONS ON ACTIVITIES DURING PENDENCY OF A CASE

Chapter 3

NON-NEUTRAL ARBITRATORS

by Richard Chernick and James M. Gaitis

I. ARBITRATOR SELECTION GENERALLY

A. Parties' Arbitration Agreement

B. Institutional Rules and AAA/ABA Code

II. LIMITATIONS ON CHOICE OF NON-NEUTRAL ARBITRATORS

A. Parties' Arbitration Agreement

B. Applicable Law and Ethical Rules

III. DETERMINING STATUS OF PARTY-APPOINTED ARBITRATORS

A. Party-Appointed Arbitrators' Role in Determining Status of Arbitrators

B. Chairperson's Role in Determining Status of Party-Appointed Arbitrators

IV. DISCLOSURES BY NON-NEUTRAL ARBITRATORS

A. General Practice of Disclosure

B. Unique State Requirements Relating to Disclosures

C. Changes in Status of Arbitrators

V. NON-NEUTRAL ARBITRATOR CONDUCT

A. Ensuring a Fundamentally Fair Hearing

B. Ex Parte Communications

C. Providing Assistance to the Parties

VI. VALUE OF NON-NEUTRAL ARBITRATORS IN COMMERCIAL ARBITRATIONS

Chapter 4

DETERMINING JURISDICTION AND ARBITRABILITY

by R. Doak Bishop, Robert B. Davidson, Barry H. Garfinkel, and June R. Lehrman

I. INTRODUCTION

II. LEGAL BACKGROUND

A. The Prima Paint "Separability" Doctrine

B. The First Options "Clear and Unmistakable Evidence" Doctrine

C. "Gateway" (Procedural vs. Substantive) Jurisdictional Issues

D. Conditions Precedent to Arbitration

E. Waiver

F. Illegality and Other Defenses Arguably Going to the "Making" of the Contract

III. DETERMINING JURISDICTIONAL AND ARBITRABILITY OBJECTIONS

Chapter 5

CLASS ARBITRATION

by Robert B. Davidson, James M. Gaitis, Louise A. LaMothe, Bruce E. Meyerson, Deborah Rothman, Francis O. Spalding, and John H. Wilkinson

I. ACCEPTING AN APPOINTMENT TO SERVE AS AN ARBITRATOR IN A CLASS ARBITRATION

II. CLASS ARBITRATIONS AND DISCLOSURE

III. THE APPLICABILITY OF GENERAL ARBITRATION PROCEDURES AND PRINCIPLES TO CLASS ARBITRATIONS

IV. JURISDICTION AND THE BAZZLE DECISION

V. THE EFFECT OF A CLASS ACTION PRECLUSION CLAUSE ON ARBITRAL JURISDICTION

VI. DETERMINING WHETHER A CLASS ARBITRATION MAY BE MAINTAINED WHEN THE

ARBITRATION CLAUSE IS SILENT ON THAT QUESTION

VII. CLASS CERTIFICATION

VIII. PARTIAL FINAL AWARDS ON THE CLASS CERTIFICATION ISSUE

IX. NOTICE OF CLASS DETERMINATION

X. MANAGEMENT OF THE PRE-HEARING AND HEARING PROCESS

XI. ATTORNEYS' FEES AWARDS

XII. THE FINAL AWARD

XIII. SETTLEMENT, VOLUNTARY DISMISSAL, OR COMPROMISE

XIV. CONFIDENTIALITY

Chapter 6

PRELIMINARY CONFERENCES

AND PRE-HEARING MANAGEMENT IN GENERAL

by David N. Brainin, James P. Groton, Gerald F. Phillips, Deborah Rothman, Curtis E. von Kann, and John H. Wilkinson

I. THE IMPORTANCE OF PRE-HEARING MANAGEMENT

II. CONVENING THE PRELIMINARY CONFERENCE

A. Time of the Preliminary Conference

B. Who Should Attend the Preliminary Conference

C. Location of the Preliminary Conference

D. Giving Notice of the Preliminary Conference

III. CONDUCTING THE PRELIMINARY CONFERENCE

A. Arbitrators' Introductory Statement

B. Opening Statements by Counsel

C. Determining the Issues on the Conference Agenda

IV. MEMORIALIZING THE PRELIMINARYCONFERENCE

V. MATTERS TO ADDRESS AT THE PRELIMINARY CONFERENCE

A. Identity of the Parties

B. Claims and Defenses Presented

C. Applicable Arbitration Agreement, Law, and Rules

D. Disputes Concerning Arbitrability

E. Information Required for Additional Disclosure

F. Disqualification of Counsel

G. Consolidation and Joinder

H. Discovery

I. Motions

J. Providing Specialized Information to Arbitrators

K. Appointment of Neutral Experts

L. Communication Ground Rules

M. Location of the Hearing

N. Dates of the Hearing

O. Hearing Subpoenas for Non-Party Witnesses

P. Continuances and Cancellations

Q. Nature of Award

R. Time of Award

S. Hearing Procedures Checklist

T. Other Matters

VI. ENCOURAGING MEDIATION OR OTHER SETTLEMENT EFFORTS

VII. SUBSEQUENT PRE-HEARING MANAGEMENT

Chapter 7

MOTIONS

by Louise E. Dembeck, Eugene I. Farber, and Carroll Neesemann

I. INTRODUCTION

II. ARBITRAL AUTHORITY TO HEAR MOTIONS

III. TYPES OF MOTIONS

A. Service of Process

B. Jurisdiction and Arbitrability

C. Consolidation and Joinder

D. Preliminary Relief

E. Pleadings

F. Discovery

G. Bifurcation

H. Dispositive Motions

I. Motions in Limine or to Preclude Testimony

J. Sanctions

K. Continuances

L. Disqualification of Arbitrators

M. Modification of Award

Chapter 8

DISCOVERY

by R. Doak Bishop, M. Scott Donahey, James W. Durham, David M. Heilbron, Louise A. LaMothe, Deborah Rothman, John M. Seitman, and Stanley P. Sklar

I. INTRODUCTION

A. Background

B. Absence of a Statutory or Common Law Right to Discovery in Arbitration

C. Relevance of Applicable Arbitration Rules and Parties' Arbitration Agreement

D. Soliciting Agreement by Parties Relating to Scope and Nature of Discovery

II. DOCUMENT PRODUCTION

A. Applicable Arbitration Rules

B. Documents on which Party Intends to Rely

C. Document Requests

D. Computer-Based "Document" Discovery

E. Duty to Supplement

F. Claims of Privilege

III. DEPOSITIONS OF PARTY WITNESSES

A. Arbitrators' Authority

B. Limiting Discovery Depositions

C. Disputes Relating to Discovery Depositions

IV. INTERROGATORIES AND REQUESTS FOR ADMISSIONS

A. General Rule

B. Unique Rules

V. DISCOVERY OF EXPERT WITNESSES

A. Discovery of Experts in General

B. Scheduling Discovery of Expert Witnesses

VI. DISCOVERY FROM THIRD PARTIES

A. Extent of Arbitrators' Authority to Issue Third-Party Discovery Subpoenas

B. Form and Issuance of Discovery Subpoenas

C. Enforcement of Discovery Subpoenas

VII. SITE INSPECTIONS

VIII. CONFIDENTIALITY AND PROTECTION OF PROPRIETARY INFORMATION

IX. DISCOVERY DISPUTES

A. Encouraging Parties to Resolve Discovery Disputes

B. Formal Resolution of Discovery Disputes

X. DISCOVERY AS A LITMUS TEST FOR A SUCCESSFUL ARBITRATION

Chapter 9

THE HEARING ON THE MERITS

by Henri C. Alvarez, William L.D. Barrett, Louis A. Craco, James P. Groton, and Curtis E. von Kann

I. DESIGNING THE APPROPRIATE HEARINGPROCESS

II. DOCUMENT HEARINGS

III. SETTING THE BASIC CONSTRUCT OF THE HEARING

A. Standards for Admission of Evidence

B. Order of Proof

IV. MANAGEMENT OF EXHIBITS

A. Core Exhibits

B. Evidentiary Exhibits

C. Demonstrative Exhibits

D. Exhibits Created During the Hearing

V. MANAGEMENT OF TESTIMONY

A. Possible Use of Written Testimony

B. Expert Witness Testimony

C. Lay Witness Testimony

D. Testimony From Witnesses at Other Locations

E. Previously Recorded Testimony

F. Sequestration of Witnesses

G. Restrictions on Counsel's Communications with Witnesses During Testimony

VI. MANAGEMENT OF HEARING TIME

A. Introduction

B. Setting and Maintaining a Realistic Daily Schedule

C. Monitoring Compliance with the Hearing Schedule

D. What to Do If a Party Runs Out of Time or Requests a Continuance

VII. MANAGEMENT OF LOGISTICS

A. Use of Technology

B. Transcripts

C. Hearing Room Logistics

D. Special Needs

VIII. SITE VISITS

IX. ARBITRATOR CONDUCT DURING HEARINGS

A. Controlling the Hearing

B. Setting the Tone

C. Maintaining an Open Mind

D. Questioning Witnesses

E. Discussing the Case with other Arbitrators

F. Dealing with Non-Appearance of Witnesses

G. Making Further Disclosures

H. Addressing Arbitrator Performance Problems

I. Calling for Additional Evidence

J. Confirming that All Evidence Has Been Presented

X. DETERMINING REQUESTS FOR FEES, COSTS, AND INTEREST

XI. BRIEFING

A. Pre-Hearing Briefs

B. Post-Hearing Briefs

C. Other Materials that May Assist Arbitrators

XII. STATEMENTS AND ARGUMENTS OF COUNSEL

A. Opening Statements

B. Mini-Summaries

C. Final Arguments

Chapter 10

AWARDS

by Thomas J. Brewer, Jay W. Elston, James M. Gaitis, Richard A. Levie, and Michael S. Wilk

I. INTRODUCTION

II. FINAL AWARDS

A. Making a Definite and Final Award Upon the Matter Submitted

B. Form of Award

C. Content of Award

1. Architectural Framework of Award

2. Detailed Sections of Award

a. Identifying Arbitral Process and Issues to be Determined

b. Analyzing the Law and Evidence

c. Awarding Section

D. Preparation and Issuance of Award

III. INTERIM AWARDS

IV. PARTIAL FINAL AWARDS

V. REMEDIES

A. Authority to Craft Remedies

B. Punitive Damages

C. Attorneys' Fees, Arbitrators' and Arbitral Institution Fees, and Costs

1. Attorneys' Fees

2. Arbitrators' and Arbitral Institution Fees and Expenses

3. Other Costs and Expenses

4. The Issuance of Interim or Partial Awards Pending Determinations

Relating to Fees and Expenses

D. Sanctions

 VI. DISSENTING OPINIONS

Chapter 11

POST-AWARD MATTERS

by Paul J. Dubow, James M. Gaitis, James R. Madison, Christi L. Underwood, and David E. Wagoner

I. LIMITED GROUNDS FOR POST-AWARD RELIEF

A. Doctrine of Functus Officio

1. Arbitrators' Lack of Authority to Alter Determination on the Merits
After Issuance of a Final Award

2. Exceptions to Functus Officio

a. Clerical, Computational, and Similar Errors

b. Submitted but Unadjudicated Issues

c. Clarifications Regarding Intent of Award

B. Interrelationship Between the Functus Officio Doctrine, Institutional Rules, and

Arbitration Statutes

C. Sua Sponte Corrections of Clerical and Similar Errors and Clarifications to Awards

II. ISSUES ARISING ON REMAND OF FINAL AWARD

A. Following the Court's Remand Instructions

B. Remands and Insufficient Arbitration Records

C. Fees and Costs Incurred in Addressing Awards on Remand

III. POST-AWARD ETHICAL ISSUES

A. Maintaining Confidentiality of the Arbitration Proceeding

B. Assisting the Parties in Understanding the Award

C. Post-Award Relationships with Parties and Counsel

 D. Checklist for Arbitrators Faced with Remand

IV. POST-AWARD ETHICAL ISSUES

A. Maintaining Confidentiality of the Arbitration Proceeding 

B. Assisting the Parties in Understanding the Award

C. Post-Award Relationships with Parties and Counsel
 

Chapter 12

INTERNATIONAL ARBITRATION

by Gerald Aksen, Axel H. Baum, Richard H. Kreindler, Lawrence W. Newman, and Lucy F. Reed

I. INTRODUCTION

II. APPOINTMENT PROCESS

A. Initial Communication Regarding Possible Appointment

B. Arbitrators' Determination of Willingness, Fitness, and Availability to Serve

C. Arbitrator Disclosures

1. International Bar Association Disclosure Guidelines

2. "Due Diligence" in Determining Disclosures

3. Challenges to Appointment

4. Arbitrators' Terms of Engagement

5. Changes in Status During Course of Proceeding

III. DETERMINING JURISDICTION AND ARBITRABILITY

A. Challenges to Arbitrators' Jurisdiction

B. Challenges to Arbitrability of a Party's Claims

C. Formalizing Arbitrators' Decisions on Jurisdictional and Arbitrability Issues

Chapter 13

INTERNATIONAL ARBITRATION

(Conduct of Proceedings)

by Gerald Aksen, Axel H. Baum, Richard H. Kreindler, Lawrence W. Newman, and Lucy F. Reed

I. PRELIMINARY MEETING 

II. TERMS OF REFERENCE AND INITIAL

PROCEDURAL ORDER 

III. MOTIONS AND APPLICATIONS

IV. DEPOSITIONS AND DOCUMENT

PRODUCTION

A. Depositions and Witness Statements 

B. Document Production 

V. EXPERT WITNESSES 

VI. WRITTEN SUBMISSIONS

VII. THE MERITS HEARING

A. Preparations

B. Organization of the Hearing

VIII. THE AWARD

IX. POST-AWARD PROCEEDINGS

CONCLUSIONS

Appendix

THE COLLEGE OF COMMERCIAL ARBITRATORS PROTOCOLS FOR EXPEDITIOUS, COST-EFFECTIVE

COMMERCIAL ARBITRATION

Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions

Thomas J. Stipanowich, Editor-in-Chief Curtis E. von Kann and Deborah Rothman, Associate Editors

Index

 About the Editors:

Editor-in-Chief James M. Gaitis is the former Director of the
International Dispute Resolution and Management Programme at the
Centre for Energy, Petroleum and Mineral Law and Policy, University of
Dundee, Scotland, where he continues to serve as a member of the Global
Faculty. Over the past 20 years he has been listed on a broad variety of
international and domestic arbitration rosters and panels, including the
CPR’s Oil & Gas/Energy Panel, the AAA’s Large, Complex Case Panel,
National Panel of Construction Arbitrators, and National Energy Panel, as
a Charter Member of the National Academy of Distinguished Neutrals, and
as a Fellow and Chartered Arbitrator of the Chartered Institute of
Arbitrators. He is the author of numerous articles relating to arbitration law,
several of which have been repeatedly cited to the United States Supreme
Court and federal and state appellate courts. He has over 32 years
experience serving as legal counsel and as an arbitrator in complex
commercial disputes and in energy and oil & gas disputes involving
upstream, midstream, and downstream issues. He has been a Fellow of the
College of Commercial Arbitrators since 2003 and from 2006-2008 served
on its board of directors. He served as an Editor of the first edition of The
College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration.

Editor Curtis E. von Kann, a graduate of Harvard College and Harvard
Law School, practiced civil litigation for sixteen years, principally as an
associate, then partner of Hogan & Hartson in Washington, DC. In 1985
President Ronald Reagan appointed him a Judge of the District of
Columbia Superior Court, where he presided for ten years over a wide
variety of civil and criminal trials. Following retirement from the Court, he
served as Independent Counsel in the investigation of President Clinton’s
Chief of Staff. He also served as a Member of three Library of Congress
copyright royalty arbitration panels, a hearing officer for the Congressional
Office of Compliance, and Special Master to the Deputy Attorney General
of the United States in the resolution of a dispute between two divisions of
the Department of Justice. Since 1997 he has been a full-time arbitrator, mediator,
and neutral caseevaluator in the Washington, DC office of JAMS, where he has served as
sole arbitrator, tribunal member, and tribunal chair in a broad range ofcommercial arbitrations.
Judge von Kann is a member of the Chartered Institute of Arbitrators in London, a member of the Distinguished NeutralsRoster of the International Institute for Conflict Prevention & Resolution
(CPR), and Immediate Past President of the College of Commercial
Arbitrators and has lectured and published on many ADR topics. He
served as Editor-in-Chief of the first edition of the College of Commercial
Arbitrators Guide to Best Practices in Commercial Arbitration.

Editor Robert W. Wachsmuth has 45 years experience in the trial and
arbitration of complex business, antitrust, and construction disputes. A
Viet Nam veteran, serving in the Marine Corps JAG and as a Military Judge,
Mr. Wachsmuth is a founding member and has held various offices in the
Construction Law Section of the State Bar of Texas and the ABA Forum
on the Construction Industry and is the author of numerous articles and a
frequent presenter in the areas of arbitration and the trial of complex cases.
Since 1974 he has been listed on the rosters and panels of many
international and domestic arbitration providers or administrative bodies,
including CPR, AAA and USCIB (ICC). He has extensive international
experience involving the negotiation of contracts and the prosecution and
defense of construction and other business claims in the Middle East,
Europe, Canada, Mexico, the Far East, and South and Central America and
has represented several foreign owners, contractors, and design
professionals doing business in the United States. He is active as an
instructor for the AAA, Texas A&M University, and numerous Texas and
ABA sponsored educational programs. Mr. Wachsmuth has been a Fellow
of the College of Commercial Arbitrators since 2005.

About the Contributors:

• Gerald Aksen, Independent Arbitrator and Mediator, New York
• Henri C. Alvarez, Partner, Fasken Martineau, Vancouver
• Markham Ball, Senior Fellow, International Law Institute, Washington, DC
• William L. D. Barrett, Partner, Hollyer, Brady, Smith & Hines, New York
• Axel H. Baum, Partner, Hughes Hubbard & Reed, Paris
• Bruce W. Belding, Independent Arbitrator, Sausalito, California
• R. Doak Bishop, Partner, King & Spalding, Houston
• John P. Bowman, Partner, Fulbright & Jaworski, Houston
• David N. Brainin, Of Counsel, Locker, Greenberg & Brainin, New York
• Thomas J. Brewer, Independent Arbitrator and Mediator, Seattle
• James H. Carter, Partner, Sullivan & Cromwell, New York
• Richard Chernick, Vice President and Managing Director, JAMS Arbitration Practice, LA
• Hon. late Winslow Christian, Formerly, Justice of the California Court of Appeals
• Louis A. Craco, Independent Arbitrator and Mediator, Manhasset, NY
• Robert B. Davidson, Executive Director, JAMS Arbitration Practice, New York
• Louise E. Dembeck, Founder and Chief Executive Officer, American International Mediation, Arbitration and Conciliation Center for Dispute Resolution, New York
• M. Scott Donahey, Independent Arbitrator and Mediator, Palo Alto, CA
• Paul J. Dubow, Independent Arbitrator and Mediator, San Francisco
• James W. Durham, Esq., Independent Arbitrator & Mediator, Media, Pennsylvania
• Jay W. Elston, Esq., Independent Arbitrator, Houston, Texas
• Eugene I. Farber, Partner, Farber, Pappalardo & Carbonari, White Plains, NY
• Walter G. Gans, Independent Arbitrator and Mediator, New York
• Barry H. Garfinkel, Partner, Skadden, Arps, Slate, Meagher & Flom, New York
• Eugene S. Ginsberg, Independent Arbitrator and Mediator, Garden City, NY
• Ruth V. Glick, Independent Arbitrator and Mediator, Burlingame, CA
• James P. Groton, Partner, Sutherland Asbill & Brennan, Atlanta
• David M. Heilbron, Esq., Bingham McCutchen, San Francisco, California
• L. Tyrone Holt, Managing Principal, The Holt Group, Denver
• Robert A. Holtzman, Of Counsel, Loeb & Loeb, Los Angeles
• John Kagel, Independent Arbitrator and Mediator, Palo Alto, CA
• Richard H. Kreindler, Esq., Partner, Sherman & Sterling, Frankfurt, Germany
• Louise A. LaMothe, Independent Arbitrator and Mediator, Santa Barbara, CA
• June R. Lerhman, Esq., Los Angeles, California
• Hon. Richard A. Levie (Ret.), JAMS, Washington, DC
• James R. Madison, Independent Arbitrator and Mediator, Menlo Park, CA
• Bruce E. Meyerson, Former Chair, American Bar Association Section of Dispute Resolution, Phoenix
• Carroll Neesemann, Partner, Morrison & Foerster, New York
• Lawrence W. Newman, Esq., Of Counsel, Baker & McKenzie, New York, New York
• Gerald F. Phillips, Partner, Phillips, Salman & Stein, Los Angeles
• Lucy F. Reed, Partner, Freshfields Bruckhaus Deringer, New York
• Thomas D. Reese, Independent Arbitrator & Mediator, Palo Alto, CA
• Hon. Kathleen A. Roberts (Ret.), JAMS, New York
• Deborah Rothman, Independent Arbitrator & Mediator, Los Angeles
• John M. Seitman, JAMS, Del Mar, CA
• Stanley P. Sklar, Partner, Bell Boyd & Lloyd, Chicago
• Francis O. Spalding, Independent Arbitrator and Mediator, San Francisco
• Christi L. Underwood, Esq., Independent Arbitrator and Mediator,Orlando, Florida
• David E. Wagoner, Independent Arbitrator and Mediator, Seattle
• Michael S. Wilk, Esq. Partner, Hirsh & Westheimer, Houston, Texas
• John H. Wilkinson, Esq., JAMS, New York, New York

Praise for The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition

 "The use of arbitration in larger and more complex cases is increasing. These cases require more sophisticated procedures and case management. The Second Edition of the College of Commercial Arbitrators’ “Best Practices” is an invaluable tool for arbitrators who strive to provide skillful and effective case management in this challenging environment. It effectively presents the collective wisdom of the top commercial arbitrators in the United States and sets a clear standard for exceptional performance."
-Chris Poole, President and CEO, JAMS The Resolution Experts

Praise from The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 1st Edition:

“While chiefly addressed to arbitrators, it will also serve advocates well. In
addition to other attributes, this book examines contemporary topics which
are not typically discussed such as Class Actions, Encouraging Mediation
and Other Settlement Efforts, and Addressing Arbitrator Performance
Problems. Highly readable and very useful.”
–William K. Slate II, Former President and CEO, American Arbitration Association

“At a time when concerns about costs, delays and results in commercial
arbitration continue to dominate current discourse, it is critical for arbitrators
and counsel to take the lead in addressing these concerns with realistic
practical solutions. The College of Commercial Arbitrators Guide to Best
Practices is not only an important contribution to the literature, but a
significant step in the direction of responsible stewardship by those active
in the field. It should be an essential addition to the practitioner’s library.”
–Thomas J. Stipanowich, Academic Director, Straus Institute for Dispute
Resolution; Professor of Law, Pepperdine School of Law; Former President
and CEO, CPR Institute.