Comprehensive Commercial Arbitration Training for Arbitrators and Counsel
Join us for this comprehensive interactive training on conducting commercial arbitrations – as arbitrators and as counsel — using contemporary Best Practices.
Attention Law Students!! We invite you to attend this program free of charge. If you are not already an existing NYSBA member, be sure to create your profile. If you are having trouble creating a profile, or registering, please contact our Member Resource Center at 800-582-2452.
For new arbitrators and seasoned arbitrators interested in taking their skills to the next level – and for litigators interested in learning how best to represent clients in arbitrations to take advantage of the advocacy opportunities available in arbitration.
The training will be conducted by seasoned arbitrators, counsel, arbitration administrators, and academics, focusing on Best Practices, from the perspectives of arbitrators and counsel, for conducting commercial arbitrations in an economical, expeditious and fair manner, enabling parties to achieve the promise of commercial arbitration.
In addition to interactive sessions on managing an arbitration from the preliminary conference through the hearing and award, the program will include presentations on the law of arbitration, the ethical rules relating to service as an arbitrator, e-discovery, award writing, international arbitration, mental heuristics relevant to arbitral decision-making, and the development of an arbitration practice.
The training will be provided by commercial arbitrators Charles J. Moxley, Jr. and Program Co-Chair Edna Sussman and by arbitration counsel Program Co-Chair Lea Haber Kuck, recently retired of Skadden, Arps, Slate, Meagher & Flom LLP, and will include presentations by Jeffrey T. Zaino, Vice President, American Arbitration Association, Luis M. Martinez, Vice President, International Centre for Dispute Resolution, and other experts in the field.
Topics and Skills:
- Selecting Arbitrators
- Conducting Conflicts Searches
- Conducting the Preliminary Hearing
- Conducting Hearings on Applications for Preliminary Injunctions and Other Interim Relief
- Determining the appropriate scope of discovery, including documents, electronic documents and depositions
- Determining the appropriate scope of motion practice
- Setting deadlines for discovery and motion practice
- Hearing discovery and substantive motions
- Addressing motions to disqualify counsel
- Special considerations for pro se parties
- Determining what non-party subpoenas to sign
- Running the hearing effectively
- Determining what evidence to admit and exclude
- Dealing with difficult arbitrators, counsel and parties
- Issues as to the authority or not of arbitrators to award sanctions
- Preparing awards, both standard and reasoned
- Handling requests to submit additional evidence after the closing of the hearing
- Deciding applications to amend awards
- Arbitration ethics, diversity, and inclusion
- Seeking vacatur of awards
- Cyber security in arbitration
- Building an ADR Practice, Opportunities in the Field
- Artificial Intelligence (AI)
The program faculty have presided over many hundreds of hearings and served as counsel in many arbitrations.
Co-Sponsors
International Section of the New York State Bar Association
CPR: International Institute for Conflict Prevention and Resolution
Benjamin N. Cardozo School of Law
American Arbitration Association
International Centre for Dispute Resolution
College of Commercial Arbitrators
New York International Arbitration Center
TESTIMONIALS FROM PREVIOUS ATTENDEES:
“I have never been to a better training seminar in my 29 year career.”
“The level of information and energy was amazing. It covered the area from soup to nuts. The seminar should be used for prospective arbitrators by all of the various arbitration programs. The knowledge and willingness to answer questions by the speakers was awesome. Mr. Moxley’s guidance resulted in a tremendous sharing of expertise by extremely experienced and knowledgeable panelists. ”
“I would recommend this seminar to everyone. It is a must.”
“Great learning experience, superb presentations and excellent networking. This is one of the best three day CLE programs I have ever attended.”
“As an experienced CLE lecturer I can tell you that this arbitration training program was excellent. First class all the way!”
CHARLES J. MOXLEY, JR., ESQ.: Mr. Moxley has presided over hundreds of arbitrations, including in the commercial, securities, insurance, employment, and international areas. He is an Adjunct Professor of Law teaching arbitration and international law at the Fordham University School of Law and the Distinguished ADR Practitioner in Residence at Benjamin N. Cardozo School of law. A Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators, he is a member of arbitration and mediation panels of the American Arbitration Association (“AAA”), the International Centre for Dispute Resolution (“ICDR”), the International Institute for Conflict Prevention and Resolution (CPR), the U.S. Council of International Business (USCIB) for the ICC International Court of Arbitration, and Supreme Court, New York County (Commercial Division and Part 137). He also serves as an arbitrator and mediator in ad hoc cases and is an IMI and CEDR Certified Mediator. Mr. Moxley lectures and speaks frequently at academic and professional functions and has written extensively on Best Practices in conducting commercial arbitrations.
EDNA SUSSMAN, ESQ.: Ms. Sussman is a full-time arbitrator and mediator. Over the past 15 years she has served as an arbitrator in over 300 arbitrations and as a mediator in well over 200 mediations in both domestic and international complex commercial disputes. Ms. Sussman serves on leading ADR panels around the world and is the Distinguished ADR Practitioner in Residence at the Fordham Law School. She started her career as an associate and litigation partner at the international law firm of White & Case. Ms. Sussman has served as the President of the College of Commercial Arbitrators, on the board of the American Arbitration Association, as Chair of the New York International Arbitration Center, as Chair of the AAA-ICDR Foundation and as chair of the NYSBA Dispute Resolution Section.. She has published and lectured extensively on arbitration and mediation and wins annual recognition for her work including being listed as Band 1 in Chambers Global for Arbitration, Who’s Who of International Arbitration and Mediation, Best Lawyers, and Super Lawyers. Ms. Sussman was awarded the 2020 Neutral of the Year Award by the National Association of Distinguished Neutrals (NADN). The American Arbitration Association awarded Ms. Sussman the 2021 Vision Award for her work founding and chairing the AAA-ICDR Foundation. The 2022 issue of Chambers & Partners Global listed Edna as one of the Most In-Demand Arbitrators; Global Market Leaders for International Arbitration.
LEA HABER KUCK, ESQ.: Ms. Kuck recently retired as a partner at Skadden, Arps, Slate, Meagher & Flom LLP, where she focused on complex litigation and arbitration for thirty years, to build a practice as an independent arbitrator. Ms. Kuck has experience in both domestic and international arbitrations conducted under UNCITRAL, ICC, ICDR, AAA, LCIA, CPR and other arbitration rules, as well as in all phases of litigation, both at the trial and appellate levels, in federal and state courts. She is the current Chair of the Arbitration Committee of the New York City Bar Association and was the Co-chair of New York Arbitration Week 2021. She is a member of the Working Group that produced the ICCA-CPR-NYCBA Protocol on Cybersecurity in International Arbitration. Ms. Kuck frequently writes and lectures on topics of international litigation and arbitration.
This will be an interactive program with active participation by those taking the training.
Speakers:
Oliver J. Armas, Partner, Hogan Lovells US LLP
Hon. Ariel E. Belen (Ret.), JAMS
Leslie Berkoff, Partner, Moritt Hock & Hamroff LLP
Steven A. Certilman, C.Arb, FCIArb, Certilman ADR
Theo Cheng, Arbitrator and Mediator, Past Chair, NYSBA Dispute Resolution Section
Stephanie Cohen, Arbitrator, FCIArb
Joseph V. DeMarco, Partner, DeMarco Law, PLLC
Diana Didia, Senior Vice President and CIO, AAA-ICDR
Paul Di Pietro, Counsel, ICC Court Secretariat, New York
Matthew Draper, Draper & Draper, LLC
Eugene I. Farber, Partner, FarberADR PLLC
Evan K. Farber, Partner, Loeb & Loeb LLP
Hon. Mary Barzee Flores (Ret.), Arbitrator and Mediator
Hon. Helen E. Freedman (Ret.), Arbitrator and Mediator, JAMS
Tracey B. Frisch, Senior Counsel, American Arbitration Association
Linda Gerstel, Arbitrator and Mediator
Ignatius Grande, Director, Global Investigations + Strategic Intelligence, BRG
Noah J. Hanft, Arbitrator and Mediator, ADR Advisor, Chair, Dispute Resolution Section
Abbey Hawthorne, Deputy Director, ICC Dispute Resolution Services, New York
Betsy A. Hellmann, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP
Sherman W. Kahn, Partner, Mauriel Kapouytian Woods LLP; Past Chair, NYSBA Dispute Resolution Section
Mansi Karol, Director of ADR Services, American Arbitration Association
Ross J. Kartez, Arbitrator and Mediator, Past Chair, NYSBA Dispute Resolution Section
Laura A. Kaster, Arbitrator and Mediator, Past Chair, NYSBA Dispute Resolution Section
Lea Haber Kuck, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Carissa Laughlin, Principal Counsel in FINRA’s Office of General Counsel
Ann Lesser, Vice President, American Arbitration Association
Mia Levi, Vice President, CPR Dispute Resolution
Jack P. Levin, Arbitrator and Mediator
Luis M. Martinez, Vice President, International Centre for Dispute Resolution®
Deborah Masucci, Arbitrator and Mediator, Past Chair of the NYSBA and ABA Dispute Resolution Sections, FCIarb
Richard L. Mattiaccio, Arbitrator and Mediator; FCIArb C.Arb
Barbara A Mentz, Independent Arbitrator
Boaz S. Morag, Counsel, Cleary Gottlieb Steen & Hamilton LLP
Mark C. Morril, Arbitrator
Charles J. Moxley, Jr., Arbitrator and Mediator; Past Chair, NYSBA Dispute Resolution Section
Abigail Pessen, Arbitrator and Mediator; Past Chair, NYSBA Dispute Resolution Section
Amy M. Pontillo, Associate Counsel, NYS UCS ADR Office
Rekha Rangachari, Executive Director, New York International Arbitration Center (NYIAC)
Colin Rule, CEO, odr.com, Mediate.com, Arbitrate.com
Hon. Shira A. Scheindlin (Ret.), Counsel, Stroock & Stroock & Lavan LLP
Danielle Shalov, Director, Arbitration and Mediation Program, United States District Court for the Eastern District of New York
Hon. Peter Sherwood (Ret.), Senior Counsel, Ganfer Shore leeds & Zauderer LLP
Richard H. Silberberg, Partner, Dorsey & Whitney LLP; Past President, College of Commercial Arbitrators
David C. Singer, Arbitrator and Mediator; Past Chair, NYSBA Dispute Resolution Section
Michelle Skipper, Vice President, American Arbitration Association
Steven Skulnik, Senior Legal Editor, Thomson Reuters, and Arbitrator, FCIArb
Edna Sussman, Arbitrator and Mediator; Past Chair, NYSBA Dispute Resolution Section
Michael T. Walsh, Arbitrator and Mediator, Law Offices of Michael T. Walsh
Robyn Weinstein, Director, Cardozo Mediation Clinic, Associate Director of the Kukin Program for Conflict Resolution, Cardozo School of Law
Daniel M. Weitz, Director, Division of Professional & Court Services, New York State Unified Court System; Adjunct Professor of Law, Cardozo Law School
Matthew P. York, Vice President, JAMS
Jeffrey T. Zaino, Vice President, American Arbitration Association
Richard Ziegler, Arbitrator and Mediator
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If you are having any trouble registering or logging into your NYSBA account, please contact our Member Resource Center at 800-582-2452.
For in-person registrations, the cancelation policy is as follows:
Cancellations received more than 10 days from the scheduled event date-100% refund
Cancellations received between 5-10 days from the scheduled event date-50% refund
Cancellations received less than 5 days before the scheduled event date-No refund
- July 17, 2023
- July 19, 2023
- 9:00 AM
- 5:00 PM
- 11.0
- 1.5
- 3.0
- 9.5
- 1.0
- 26.0
- New York City
- Virtual Participation
- Cardozo Law
55 5th Avenue
New York, NY 10003
Monday, July 17, 2023, Morning Session
9:00-9:15 a.m. - Welcome and Introductions
Robyn Weinstein, Cardozo Law School
Charles J. Moxley, Jr., Training Co-Chair
9:15-10:30 a.m. - Pre-Preliminary Hearing Issues—Ethical and Other Issues
• Selection of arbitrators
• Arbitrator disclosure of potential conflicts
• Organizational meeting of panel members when there is a panel
• Preparing for the preliminary hearing
• Applications for interim relief
• Whether the preliminary hearing should be held in-person or by telephone
• Whether clients should be present at the preliminary hearing
• Whether to send the parties an agenda of items to be covered at the preliminary hearing
• Whether to ask the parties to meet in advance to agree on schedule
• Setting the date and time for the preliminary hearing
• Whether to encourage the parties to start the process of document disclosure in advance of the preliminary hearing
• Related ethical issues
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Lea Haber Kuck
1.0 Credit in Ethics, 0.5 Credit in Professional Practice
10:30-10:40 a.m. – Break
10:40-12:20 p.m. - Preliminary Hearing: Part 1
• Purposes of preliminary hearing
• Role of chair and “wings” in the preliminary hearing
• Arbitrator’s opening remarks in preliminary hearing
• Review of what documents the arbitrators have received in advance to make sure there is nothing missing
• Review of arbitration clause
• Requests for interim relief
• Applications for a change of venue
• Determination of applicable law
• Substantive law applicable to the parties’ agreement and conduct, etc.
• Arbitration law, including whether the Federal Arbitration Act and/or state arbitration law apply
• Issues as to arbitrability
• Possibility of amended pleadings
• Particularizations of damages claims or counterclaims and of other matters of proof
• Applications to disqualify counsel
• Related ethical issues
• Substantive Motions
• Motions to Dismiss Claims or Counterclaims
• Motions to Dismiss Punitive Damages Claims
• Motions to Dismiss Based upon Statutes of Limitations or Similar Defenses
• Procedures for Screening Potential Motions
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Lea Haber Kuck
David C. Singer
1.5 Credits in Professional Practice, 0.5 Credit in Skills
12:20-12:40 p.m. – Lunch break
12:40 p.m. – Luncheon Address: The Promise of Arbitration – What We’re Trying to Do
Speaker: Charles J. Moxley, Jr.
Monday, July 17, 2023, Afternoon Session
1:30-3:10 p.m. Preliminary Hearing: Part 2
• Discovery
• Non-electronic documents
• Electronic documents generally (there will be a more detailed program on electronic documents later in the program)
• Depositions
• Interrogatories
• Differences between domestic and international arbitrations
• Establishing a schedule for document production, including dates for:
• Document requests
• Objections to document requests
• Counsel’s conferring in an effort to resolve document disputes
• Submission of letters to the arbitrator relating to remaining discovery disputes
• Setting dates for oral argument of discovery disputes
• Production of non-objected to documents
• Establishing a completion date for all document production
• Issue of whether to set up a separate process to maintain control of e-discovery
• Approaches as to depositions
• Avoiding them all together
• Limiting the number of depositions
• Limiting the duration of depositions
• Phasing the depositions
• Rule 30(b)(6) depositions
• Generally precluding speaking objections
• Getting agreement on alternatives to standard depositions
• Appearance at the hearing by videoconference
• Appearance by videotaped deposition
• Appearance by telephone
• Establishing cut-off dates for discovery
• Related ethical issues
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Lea Haber Kuck
Hon. Mary Barzee Flores (Ret.)
1.0 Credit in Professional Practice, 1.0 Credit in Skills
3:10-3:20 p.m. - Break
3:20-5:00 p.m. Preliminary Hearing: Part 3
• Other motions
• Motions to consolidate or sever
• Possible alternatives to testimony
• Stipulations of uncontested facts
• Direct testimony by affidavit
• Affidavits
• Expert witnesses
• Identification of anticipated experts
• Exchange of experts’ reports
• First exchange: On issues as to which parties have the burden of proof
• Responsive experts’ reports
• Depositions of experts
• Pre-hearing papers
• Witness lists
• Level of detail
• Whether/when to require summaries of testimony
• Exhibits
• Joint exhibits
• Individual exhibits
• Organization of exhibits
• Chronologically
• By topic
• Separate page ranges assigned to each side
• Key exhibits
• To be exchanged on a joint basis or separately by each side
• Marking up of key exhibits to designate portions relied upon
• Pre-hearing memoranda
• Relationship of pre-hearing memoranda to the question of what kind of post-hearing papers/oral argument will be interposed
• Form of testimony of witnesses
• In person
• By videoconferencing
• By videotaped deposition
• By telephone
• By deposition
• Subpoenas for non-party witnesses and their documents
• Materiality to the case of the documents or testimony sought
• Legal issues as to the authority of arbitrators to sign subpoenas (to be discussed further in a later panel)
• Legal and ethical concerns as to the appropriateness of arbitrators’ signing subpoenas
• Interplay of FAA versus state law on the question of the appropriateness of arbitrators’ signing discovery subpoenas
• Mediation: Whether to include a suggestion that, as some point, the parties discuss settlement/mediation and a schedule for same
• Establishing dates for status conferences
• Form of decision: Standard versus reasoned awards (this topic will be covered in more detail in a later panel)
• Court Reporter
• Whether the parties will arrange for a court reporter
• Relationship of that question to the question of whether the parties want a reasoned award
• What to do when one party wants to retain a court reporter and the other doesn’t
• Scheduling of the hearing
• When to schedule the hearing
• How many days to schedule
• Discussion of whether parties will be limited to those days
• Report of preliminary hearing and scheduling order
• Related ethical issues
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Lea Haber Kuck
Steven A. Certilman
2.0 Credits in Skills
5:00-6:00 p.m. – Networking Reception
***
Tuesday, July 18, 2023, Morning Session
9:00-9:50 a.m. - Issues Arising Between the Preliminary Hearing and the Hearing
• Overall description of what happens during this period
• Hearings on applications for interim relief
• Discovery motions
• Discovery requests and productions subsequent to the discovery cut-off
• Handling of substantive motions
• Handling of substantive motions made subsequent to the cut-off date
• Requests for delays and extensions of established deadlines
• How to handle parties’ notification of change of counsel, particularly when the change causes conflicts for arbitrators or is otherwise a basis for delay
• Non-compliance with deadlines and directives of the arbitrators
• Arbitrators’ authority or not to issue sanctions
• Final pre-hearing status conference
• Withdrawal of claims on the eve of the hearing
• Related ethical issues
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Lea Haber Kuck
Michael T. Walsh
0.5 Credit in Professional Practice, 0.5 Credit in Skills
9:50-11:05 a.m. - Session 2: The Hearing
• General introduction to the conducting of the hearing
• How to handle and limit breaks
• How, generally, to keep the hearing going efficiently
• How and when to handle objections as to documents
• Desirable effect of the arbitrator during the hearing
• Avoiding ex parte conversations during breaks at the hearing
• Sequestration of witnesses
• Opening statements, if any, by counsel
• Limited requirements as to foundations for documents and other exhibits
• Generally deeming un-objected-to pre-marked exhibits as in evidence as of the opening of the hearing––and alternate approaches
• What, if any, rules of evidence or the like to follow in deciding what evidence to permit as an arbitrator
• Attitude towards hearsay testimony and other evidence in arbitration
• Witness statements/experts’ reports
• Counsel’s extensive reading from documents
• Cumulative testimony
• Repetitive witnesses
• Harsh cross-examination
• Witnesses on cross who keep repeating their overall points
• Counsel talking with witnesses while they are on cross-examination
• Excessive objections
• Closing statements, if any
• How to handle disclosures that become necessary during the hearing because of the identification of new parties or entities involved in the case
• Related ethical issues
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Lea Haber Kuck
Eugene I. Farber
1.0 Credit in Professional Practice, 0.5 Credit in Skills
11:05-11:10 a.m. - Break
11:10-12:25 p.m. - Post-Hearing Issues - Part I: The Arbitrators’ Perspective
• Drafting of the award (general introduction -- There will be a more detailed discussion of this topic by a later panel)
• Post-hearing applications for introduction of additional evidence
• Post-award requests to change the award
• Mathematical or formal corrections and the like
• Substantive changes
• Rule as to functus officio status of arbitrators after issuing a final award
• No Contact with counsel or parties following the award
• Related ethical issues
Faculty:
Charles J. Moxley, Jr.
Edna Sussman
Part II: The Courts’ and Litigators’ Perspectives
• Motions to confirm and vacate and motions re arbitrability
• How Litigators see them
• How Courts see them
• How best to advance such motions
• What arbitrators should do to lessen likelihood of vacatur
• Remands to arbitrators
Faculty:
Lea Haber Kuck
Hon. Peter Sherwood (Ret.)
1.0 Credit in Professional Practice, 0.5 Credit in Skills
12:25-12:45 p.m. Lunch break
12:45 p.m. - Luncheon Address: Introduction to the World of International Arbitration – and How It Fits into Today’s World
Speaker: Luis M. Martinez
Tuesday, July 18, 2023, Afternoon Session
1:15-2:30 p.m. - International Arbitration: How It Differs from Domestic Arbitration
• Introduction to the overriding conventions and laws applicable to international as contrasted with domestic arbitration
• Discussion of the practices of international arbitration that are different from domestic
• The extent and significance of international arbitration as the default methodology of choice for international business
• “Soft law” applicable to international arbitration
Faculty:
Moderator: Charles J. Moxley, Jr.
Paul Di Pietro
Sherman W. Kahn
Luis M. Martinez
Richard L. Mattiaccio
Rekha Rangachari
1.5 Credits in Professional Practice
2:30-2:45 p.m. - Break
2:45-4:00 p.m. - Electronic Discovery
• Significance of electronic discovery in terms of cost and delay
• Definition of terms
• Identification of the areas of greatest expense in connection with electronic discovery
• Matters to establish at the outset to minimize the expense and optimize the efficiency of electronic discovery
• ICDR recommended practices as to electronic discovery
• CPR Protocols as to electronic discovery
• Best Practices as to electronic discovery
Faculty:
Moderator: Edna Sussman
Joseph V. DeMarco
Ignatius Grande
Sherman W. Kahn
Hon. Shira A. Scheindlin (Ret.)
1.0 Credit in Professional Practice, 0.5 Credit in Skills
4:00-5:00 p.m. - Award Writing
• Standard versus reasoned awards
• Advantages and disadvantages of various types of award
• Consideration of what should be included in a standard award
• Consideration of what should be included in a reasoned award
• The structure of a reasoned award
• How to go about drafting a reasoned award
• When to start drafting a reasoned award
• Best Practices as to drafting of reasoned awards where there is a panel of three arbitrators
Faculty:
Moderator: Charles J. Moxley, Jr.
Hon. Helen E. Freedman (Ret.)
Laura A. Kaster
Richard H. Silberberg
Richard Ziegler
1.0 Credit in Skills
5:00-6:00 p.m. - Preferences in Selecting Arbitrators and Arbitration Counsel
Practical considerations of parties in selecting arbitrators and arbitration counsel. Role of counsel in such matters--- how it all happens. Criteria used by “wing” arbitrators in selecting chairs.
Faculty:
Moderator: Charles J. Moxley, Jr.
Oliver J. Armas
Noah Hanft
Betsy A. Hellmann
Deborah Masucci
0.5 Credit in Skills; 0.5 Credit in Diversity, Inclusion and Elimination of Bias
6:15 p.m. – ADJOURN
***
Wednesday, July 19, 2023, Morning Session
8:50-10:15 a.m. - Arbitration Law
• Introduction to the FAA
• Introduction to New York arbitration law – CPLR Article 75
• Interplay of the FAA and New York arbitration law in arbitrations held in New York
• Arbitrability as to parties and non-parties
• The “Who Decides” issue: Who determines arbitrability, the arbitrators or a court?
• Arbitration due process
• Enforceability of non-party subpoenas for documents and testimony
• Within subpoena range of the seat of the arbitration
• Beyond subpoena range of the seat of the arbitration
• Standards of review under the FAA and New York arbitration law
• How these areas of law differ in the context of international arbitration
• Review of recent decisions applicable to arbitration
Faculty:
Moderator: Charles J. Moxley, Jr.
Hon. Ariel E. Belen (Ret.)
Tracey B. Frisch
Boaz S. Morag
Steven Skulnik
1.5 Credit in Professional Practice
10:15-11:15 a.m. - Ethics and Cyber Security for Arbitrators – Maintaining the Security of the Arbitration Process
Ethical obligations of arbitrators and arbitration counsel. Navigating the challenges of cyber security. Recent Protocols: how to do it. How to get and stay in compliance---keeping confidential arbitration materials confidential.
Faculty:
Moderator: Lea Haber Kuck
Stephanie Cohen
Diana Didia
Mark C. Morril
0.5 Credit in Cyber Security, 0.5 Credit in Ethics
11:15-11:25 a.m. - BREAK
11:25-12:25. a.m. - Diversity, Inclusion and Elimination of Bias – Implicit Bias, Serving a Diverse Population, and Sensitivity to Culture and Other Differences, Including Heuristics Affecting Arbitrators’ Exercise of Judgment and Decision-Making
Faculty:
Moderator: Charles J. Moxley, Jr.
Ann Lesser
Theo Cheng
Daniel M. Weitz
1.0 Credit in Diversity, Inclusion, and Elimination of Bias
12:25-1:15 p.m. – Cyber Security and Artificial Intelligence: It’s Potential Role in Arbitration
What AI holds for arbitrators and arbitration counsel. Challenges and opportunities. Emerging ethical issues.
Faculty:
Moderator: Charles J. Moxley, Jr.
Diana Didia
Jack Levin
Colin Rule
0.5 Credit in Cyber Security; 0.5 Credit in Areas of Professional Practice
1:00-1:20 p.m. - Lunch Break
1:20 p.m. - Luncheon Address: The Promise of Arbitration: What We’ve Done
Speaker: Charles J. Moxley, Jr.
Wednesday, July 19, 2023, Afternoon Session
2:00-3:15 p.m. - Arbitration Ethics
• Disclosure rules
• Codes of Ethics applicable to arbitrators
• Best practices for disclosures by arbitrators
• Ongoing nature of disclosure obligation
• Party-appointed arbitrators
• Appropriateness of an arbitrator’s accepting appointment to a new case that involves parties or attorneys who are already appearing before the same arbitrator in another case
• Use of associates/assistants
• Appropriateness of an arbitrator’s accepting employment as counsel for a party who had previously appeared before the arbitrator in an unrelated case
• Involvement of arbitrators with respect to possible settlement discussions among the parties
• Inclusion of all arbitrators on a panel in arbitrator discussions concerning the case
• Recent ethical decisions
• AI
Faculty:
Moderator: Lea Haber Kuck
Leslie Berkoff
Theo Cheng
Barbara A. Mentz
Abigail Pessen
1.5 Credits in Ethics
3:15-3:30 p.m. - Break
3:30-4:00 p.m. - The Real World: Developing Your ADR Career
Finding/Building one’s arbitration parachute. How to start, develop, and maintain a practice as an arbitrator and as arbitration counsel.
Faculty:
Michelle Skipper
Jeffrey T. Zaino
1.0 Credit in Skills
4:00-6:00 p.m. – Learning from Providers and Recent Entrants: Perspectives on Practice Development in the Arbitration World
• Overview of the arbitration world
• Level of training and experience necessary to be a good arbitrator
• How to go about getting experience as an arbitrator
• Traits that parties and their counsel look for in prospective arbitrators
• Opportunities for arbitration training and skills building
Moderator, Charles J. Moxley, Jr
Faculty (Providers):
Abbey Hawthorne, ICC
Mia Levi, CPR
Mansi Karol, AAA
Carissa Laughlin, FINRA
Amy Pontillo, New York State Court System
Danielle Shalov, Eastern District of New York
Robyn Weinstein, Cardozo School of Law
Matthew P. York, JAMS
Faculty (Experience Transitioning to Service as an Arbitrator)
Evan K. Farber
Linda Gerstel
Ross K. Kartez
Matthew Draper
1.0 Credit in Professional Practice, 1.0 Credit in Skills
6:00 p.m. - Questions and Answers/Final Wrap Up
6:00 p.m. - ADJOURN
- Hybrid
- 0MV54
- Commercial & Federal Litigation Section
- Dispute Resolution Section
- International Section
- Committee on Continuing Legal Education