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  • Court Symposium
  • Arbitration/Skills/Practice Development

    Concurrent Session A

    Thursday, April 03, 2014 9:45 AM - Thursday, April 03, 2014 11:00 AM

    Merrick (I&II)

    A2 Managing a Successful Arbitration: Getting to Arbitration

    • L. Tyrone Holt, College of Commercial Arbitrators ;
    • John Byrne, College of Commercial Arbitrators
    This program will review issues that arise in the process of getting to arbitration. Topics covered include the arbitration clause, non-signatories, the “step-clause”, motions to compel and to stay arbitration, pleadings in arbitration, motions to dismiss, arbitrator selection, and the use of arbitration providers or ad hoc arbitrations.

    Concurrent Session F

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

    Merrick

    F9 Managing a Successful Arbitration: Part 2  Discovery in Arbitration

    • Edna Sussman, College of Commercial Arbitrators ;
    • Richard Silberberg, College of Commercial Arbitrators
    This program explores discovery issues that arise in arbitration. Topics covered include who attends the Preliminary Conference, in-person or on the phone, preparation for and conduct of the preliminary conference, dispositive motions, the role of the chair, document exchange, depositions (if any), site visits, interrogatories, scheduling the hearing, location of the hearing, and periodic additional status conference calls.

    Concurrent Session G

    Friday, April 04, 2014 10:30 AM - Friday, April 04, 2014 11:30 AM

    Merrick

    G9 Managing a Successful Arbitration: Part 3 Ethical Issues in Arbitration

    • Eugene Farber, College of Commercial Arbitrators ;
    • Edna Sussman, College of Commercial Arbitrators
    This program examines common ethical issues an arbitrator may need to address. Topics covered include confidentiality and duty to the public, party-appointed arbitrations, settlement, use of associates and delegation of duties, disclosure requirements including arbitrations and attorneys’ duty to check conflicts and disclosure.

    Concurrent Session H

    Friday, April 04, 2014 1:00 PM - Friday, April 04, 2014 2:15 PM

    Merrick

    H9 Managing a Successful Arbitration: Part 4 The Arbitration Hearing

    • John Byrne, College of Commercial Arbitrators ;
    • Deborah Rothman, College of Commercial Arbitrators
    This program examines how to organize and effectively run an arbitration hearing.  Topics covered include order and organization of hearings, privilege, management of opening statements, direct and cross-examination and re-direct and re-cross examination, duplicative testimony, questions from the arbitrators, difficult counsel or witness, use of a court reporter, scheduling additional dates, payment of arbitrator compensation and sanctions.

    Concurrent Session I

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

    Merrick

    I9 Managing a Successful Arbitration: Part 5 the Award

    • L. Tyrone Holt, College of Commercial Arbitrators ;
    • John Blankenship, Blankenship & Blankenship Law Offices
    This program examines the arbitral award.  Topics covered include arbitrator deliberation and preparation for the award, standard, reasoned, and itemized awards, costs and attorneys’ fees, interest, punitive damages, injunctions, specific performance, post-award communications with counsel or the parties and arbitration appeals.