The Most Authoritative and Up-to-Date Practical Guide for Arbitrators and Advocates
The revised, updated, and expanded fourth edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration provides practical guidance on conducting U.S-based commercial arbitrations and international arbitrations throughout the world. More than 70 prominent arbitrators share their expertise. It takes into account new and revised institutional rules, case law, and legislation affecting commercial arbitration, and expands the discussion of the issues arbitrators confront on a daily basis.
The past four years have witnessed dramatic developments in the field of commercial arbitration. Arbitration law continues to evolve at a rapid pace, and ever-increasing numbers of experienced lawyers and other professionals aspire to become arbitrators and to serve in that capacity in the many high-profile arbitrations that have become routine. Contemporaneously, various professional organizations have strived to develop standards, protocols, and guidance to be considered both by professional arbitrators and by parties and advocates involved in arbitration proceedings. Moreover, the increased use of commercial arbitration in international commercial transactions, and the fact that many experienced international arbitrators now reside or practice in the United States, has ensured that the United States will serve as a viable situs for the conduct of such international arbitrations in the years to come.
Given these developments, further revisions to the Best Practices Guide were once again warranted and are based on the best guidance available from the nation s leading organization of commercial arbitrators. This fourth edition also for the first time provides in-depth analyses of a variety of additional topics, including the use of third-party summons, issues unique to construction arbitration, and emergency arbitrators. The fourth edition also contains two new appendices respectively relating to the use of social media by arbitrators and security of arbitrators ESI.
The Fourth Edition features: A groundbreaking analysis of arbitrability issues and how arbitrators should address them; Enhanced discussion of how to address a party's failure to pay for arbitrator and institutional fees and expenses; A new chapter on the complex legal and practical issues of summoning nonparty witnesses; Discussion of the latest eDiscovery developments in commercial arbitrations; Checklists and updated guidance on the conduct of preliminary conferences and hearings on the merits; Exposition of the legal requirements of reasoned awards; A new chapter on emergency arbitrators and emergency arbitral proceedings; A new chapter on unique issues in construction arbitration; An expanded discussion of international arbitration, with six current charts addressing the rules of the leading international arbitral institutions in North America, Europe, Asia, and the Middle East
The Fourth Edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration continues to be an indispensable for all who work in commercial arbitration.
Editor in Chief
James M. Gaitis, uniquely honored with the title of Distinguished Fellow of the College of Commercial Arbitrators for his outstanding contributions to the field of commercial arbitration, is also a long-standing member of the Texas and Montana state bars. Since 1990 he has specialized in serving as an arbitrator in complex commercial and oil & gas/energy arbitrations. Mr. Gaitis is the former Director (and Principal Research and Teaching Fellow) of the International Dispute Resolution Programme at the Centre for Energy, Petroleum & Mineral Law and Policy (CEPMLP), University of Dundee, Scotland. In private practice, he served variously as lead trial counsel, in-house counsel, and special counsel for a diverse array of companies, individuals, and other entities involved in the domestic and international oil & gas industries. He is listed on a broad variety of international and domestic arbitration panels and he frequently serves as a chair, party-appointed arbitrator, emergency arbitrator, and list-appointed arbitrator in cases involving all aspects of the oil & gas industry, as well as in commercial cases relating to such matters as manufacturing, construction lending, engineering, asset sales, business torts, and real property.
Editors
A. Holt Gwyn is recognized in the United States and Latin America for his arbitration and mediation practice. His ADR practice complements his legal practice, which is concentrated in construction, environmental, and business contracts and disputes. Mr. Gwyn has served as Chair of the world s largest organization of construction lawyers, the ABA s Forum on Construction Law. In 2014, he received the Forum s highest achievement Cornerstone award. He is a Fellow and in 2016 2017 served as President of the American College of Construction Lawyers. He is also a Fellow of the College of Commercial Arbitrators and a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators, London, England.
Laura A. Kaster comes to her work as a full-time arbitrator and mediator from a background first as a litigation partner at Jenner & Block and then as Chief Litigation Counsel for AT&T, where she also represented AT&T Labs and was responsible for all of AT&T s arbitrations (including complex insurance matters), IP litigation, and all appeals in complex litigation and employment matters. She is also a past Chair of the NJSBA Dispute Resolution Section and a Co-Editor in Chief of the NYSBA s journal, Dispute Resolution Lawyer.
Author Contributors
Gerald Aksen, New York, NY Henry C. Alvarez, Vancouver, Canada Markham Ball, Washington, DC John M. Barkett, Miami, FL John A. Barrett, Houston, TX William L. D. Barrett, New York, NY William G. Bassler, New York, NY Albert Bates, Jr., Pittsburgh, PA Axel Baum, Paris, France Bruce W. Belding, Sausalito, CA Gary L. Benton, Palo Alto, Ca Trey Bergmann, Houston, TX R. Doak Bishop, Houston, TX John T. Blankenship, Franklin, TN John P. Bowman, Houston, TX Thomas J. Brewer, Seattle, WA John E. Bulman, Providence, RI Joseph F. Canterbury, Dallas, TX James H. Carter, New York, NY Richard Chernick, Los Angeles, CA Louis Coffey, Philadelphia, PA Deborah A. Coleman, Cleveland, OH Peter D. Collisson, Orange County, CA Philip E. Cutler, Seattle, Washington Robert B. Davidson, New York, NY M. Scott Donahey, Palo Alto, CA Paul J. Dubow, San Francisco, CA James W. Durham, Media, PA Neal M. Eiseman, New York, NY Jay W. Elston, Houston, Texas Eugene I. Farber, White Plains, NY William B. Fitzgerald, Los Angeles,CA Patricia D. Galloway, Seattle, WA Walter G. Gans, New York, NY Barry H. Garfinkel, New York, NY Ruth V. Glick, Burlingame, CA George Gluck, New York, NY Mark J. Goldstein, New York, NY Herbert H. (Hal) Gray, III, Atlanta, GA James P. Groton, Atlanta, GA
