THE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION
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1 THE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION Third Edition James M. Gaitis Editor in Chief Carl F. Ingwalson, Jr. Vivien B. Shelanski Editors JURIS
2 Questions About This Publication For assistance with shipments, billing or other customer service matters, please call our Customer Services Department at: To obtain a copy of this book, call our Sales Department: Fax: Toll Free Order Line: (United States & Canada) See our web page about this book: COPYRIGHT 2014 by JurisNet, LLC All rights reserved. Printed in the United States of America. ISBN JurisNet, LLC 71 New Street Huntington, New York USA
3 SUMMARY CONTENTS Contents... ix Preface... xxvii About the Editors... xxxi About the Contributors... xxxv Chapter 1 INTRODUCTION Winslow Christian, James M. Gaitis, Carl F. Ingwalson, Jr., June R. Lehrman, Vivien B. Shelanski, and Curtis E. von Kann... 1 Chapter 2 APPOINTMENT, DISCLOSURES, AND DISQUALIFICATION OF NEUTRAL ARBITRATORS James H. Carter, Paul J. Dubow, Ruth V. Glick, Robert A. Holtzman, June R. Lehrman, James R. Madison, Bruce E. Meyerson, and Michael S. Oberman... 7 Chapter 3 NONNEUTRAL ARBITRATORS Richard Chernick, James M. Gaitis, and Robert A. Holtzman Chapter 4 ARBITRATOR FEES AND EXPENSES John T. Blankenship, Louis Coffey, Philip E. Cutler, and Curtis E. von Kann v
4 vi Summary Contents Chapter 5 DETERMINING JURISDICTION AND ARBITRABILITY R. Doak Bishop, Robert B. Davidson, James M. Gaitis, Barry H. Garfinkel, Carl F. Ingwalson, Jr., June R. Lehrman, and James R. Madison Chapter 6 PREHEARING CONFERENCES AND PREHEARING MANAGEMENT IN GENERAL David N. Brainin, James P. Groton, Carl F. Ingwalson, Jr., Gerald F. Phillips, Deborah Rothman, Vivien B. Shelanski, Curtis E. von Kann, and John H. Wilkinson Chapter 7 MOTIONS Joseph F. Canterbury, Louise E. Dembeck, Eugene I. Farber, Carroll E. Neesemann, and Robert W. Wachsmuth Chapter 8 DISCOVERY R. Doak Bishop, M. Scott Donahey, James W. Durham, James M. Gaitis, David M. Heilbron, Louise A. LaMothe, Kathleen A. Roberts, Deborah Rothman, John M. Seitman, Stanley P. Sklar, R. Wayne Thorpe, and Robert P. Wax Chapter 9 ediscovery Louise A. LaMothe, Susan H. Nycum, Deborah Rothman, Irene C. Warshauer, and John H. Wilkinson
5 Summary Contents vii Chapter 10 THE HEARING ON THE MERITS Henri C. Alvarez, William L. D. Barrett, Louis A. Craco, William B. Fitzgerald, James P. Groton, John J. McCauley, John A. Sherrill, and Curtis E. von Kann Chapter 11 AWARDS AND SUBSTANTIVE INTERLOCUTORY ARBITRAL DECISIONS Thomas J. Brewer, Jay W. Elston, James M. Gaitis, Richard A. Levie, and Michael S. Wilk Chapter 12 POSTAWARD MATTERS Paul J. Dubow, James M. Gaitis, James R. Madison, Lawrence R. Mills, Christi L. Underwood, and David E. Wagoner Chapter 13 INTRATRIBUNAL RELATIONS John T. Blankenship, Louis Coffey, Philip E. Cutler, and Curtis E. von Kann Chapter 14 HYBRID ARBITRATION PROCESSES Thomas J. Brewer, Richard R. Mainland, Gerald F. Phillips, and Edna R. Sussman
6 viii Summary Contents Chapter 15 CLASS ARBITRATION Robert B. Davidson, William L. D. Barrett, Eugene I. Farber, James M. Gaitis, Louise A. LaMothe, James R. Madison, Bruce E. Meyerson, Deborah Rothman, Francis O. Spalding, and John H. Wilkinson Chapter 16 INTERNATIONAL ARBITRATION (Preliminary Matters) Gerald Aksen, Axel Baum, Robert B. Davidson, James M. Gaitis, Richard H. Kreindler, Urs M. Laeuchli, Lawrence W. Newman, and Lucy F. Reed Chapter 17 INTERNATIONAL ARBITRATION (Conduct of Proceedings) Gerald Aksen, Axel Baum, Robert B. Davidson, James M. Gaitis, Richard H. Kreindler, Urs M. Laeuchli, Lawrence W. Newman, and Lucy F. Reed 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
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