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  • Court Symposium
  • Arbitration (Domestic and International)

    Concurrent Session B

    Thursday, April 03, 2014 11:15 AM - Thursday, April 03, 2014 12:15 PM

    Tuttle Pre-Fuction

    B2 Party-Appointed Arbitrators in Tri-Partite Arbitration: Rules, Ethics, Myths and Realities

    • Robert P. Wax, Charter Resolution LLC ;
    • Zela Claiborne, JAMS ;
    • James W. Durham, Mediation and Arbitration Services
    The use of party-appointed arbitrators (neutral and non-neutral) in tri-partite arbitrations has always been an important—and now growing-- part of major commercial dispute resolution. This interactive panel discussion, led by three experienced arbitrators who have served collectively both as party-appointed neutrals and as panel chairs in a substantial number of major cases in many industries nationally and internationally, will address the following issues in tri-partite cases: pros/cons of panels versus solo arbitrators; applicable rules and ethical restraints; potential controversies; selection of party-appointed arbitrators; chair selection; panel functioning; and related topics.

    Concurrent Session C

    Thursday, April 03, 2014 1:30 PM - Thursday, April 03, 2014 2:30 PM

    Brickell Pre-Function

    C8 Latest Developments in FINRA Securities Arbitration

    • Joan Stearns Johnson ;
    • Ken Andrichik, FINRA ;
    • Sandra Grannum, Davidson & Granum, LLP ;
    • Teresa Verges, University of Miami Law School
    The presentation will provide up to date coverage of the latest developments in FINRA securities regulation. Major changes have been made and are planned to rules governing arbitration panels, suitability, and the Discovery Guide. The latest information will be reviewed, together with developments regarding vacature and the impact of these changes on disclosure. Lecture, discussion and case studies will be used by the expert panel , diverse in gender and race, consisting of a regulator, an academic, a neutral and an advocate. The case studies and rules changes will be included in class materials and shown on Power Point.

    Concurrent Session D

    Thursday, April 03, 2014 3:00 PM - Thursday, April 03, 2014 4:15 PM

    Tuttle South

    D6 Arbitration Of Internal Trust Disputes – An Idea Whose Time Has Come?

    • S.I. (Stacie) Strong, Center for the Study of Dispute Resolution, University of Missouri School of Law ;
    • Teresa Rosen Peacocke, 3 Stone Buildings ;
    • Robert Goldman, Goldman, Felcoski & Stone, P.A. ;
    • Prater Monning, Wynne & Wynne
    Although arbitration permeates most areas of law, very few trusts - either personal or commercial - call for arbitration. This panel discusses the policy and practical concerns associated with arbitration of internal trust disputes and considers certain controversial cases recently heard in state supreme courts as well as legislation on trust arbitration. Panelists include experienced practitioners and arbitrators from the United States and England as well as some of the leading academics in this area of law.  The discussion encompasses issues relating to both personal (family) trusts and commercial (business) trusts.

    Concurrent Session E

    Thursday, April 03, 2014 4:30 PM - Thursday, April 03, 2014 5:45 PM

    Hibiscus A

    E3 Three's Company -- Best Practices for the Multi-Arbitrator Panel

    • Philip Cutler, Cutler Nylander & Hayton ;
    • Louis Coffey, Coffey Consulting Co. ;
    • John Blankenship, Blankenship & Blankenship Law Offices ;
    • Judith Ittig, Ittig & Ittig
    Multi-arbitrator panels offer a benefit almost unique in legal proceedings:  evidentiary hearings conducted by more than one expert decision-maker. The panel must function as a team, with their relations – internally and as manifested to the parties – characterized by full participation and engagement, collegiality and mutual respect so that the panel can issue an accurate and complete award.  Participants in this session will learn the 10 key principles for effective intra-tribunal relations, examine several real-life scenarios confronting multi-arbitrator panels, and devise, with assistance from the presenters, suitable methods for resolving them.

    Concurrent Session F

    Friday, April 04, 2014 9:00 AM - Friday, April 04, 2014 10:15 AM

    Brickell North/Center

    F4 "Exceeded Powers": Exploring Recent Trends in Cases Challenging Arbitration Tribunal Authority

    • Thomas Brewer, Arbitrator ;
    • Zela Claiborne, JAMS ;
    • Lawrence Mills, JAMS
    The most frequently asserted, and most frequently successful, statutory ground for vacatur of an arbitration award is that the arbitrators "exceeded their powers."  Building on their past statistical studies of the results of post-arbitration court cases in which the losing parties sought to vacate arbitration awards, the presenters recent study of "exceeded powers" cases suggests certain recurring themes where challenges to awards were successful as well as when they were not.  This program will identify risky actions to be avoided by arbitrators and provide guidance for award drafting to protect the finality of the award.

    Concurrent Session I

    Friday, April 04, 2014 2:30 PM - Friday, April 04, 2014 3:45 PM

    Hibiscus A

    I1 Arbitration Case Law Update

    • Kristen Blankley, University of Nebraska College of Law ;
    • Maureen Weston, Pepperdine University School of Law ;
    • James Madison, Madison Mediation ;
    • Ronald Aronovsky, Southwestern Law School
    This panel will discuss the most important arbitration issues of the past year, including the American Express and Oxford Health decisions by the United States Supreme Court.  We will also discuss notable federal lower court and state court decisions.  This panel will consider issues related to labor and employment, as well as give a legislative update.