ARBITRATION

Arbitration resources

Selected Materials for Arbitration Advocates

Articles and Other Materials

"10 (or More) Worst Mistakes Lawyers Make in Arbitration" (presentation), Shawn Aiken, 2018

"Creative Procedures in Arbitration," Shawn Aiken, 2019 State Bar of Arizona convention

“Always Run the Numbers,” Stephan Carrier (an approach to analyzing risk in complex disputes - spreadsheet included)

AgileLaw (digital hearing exhibit management platform)

Annotations to the Code of Ethics for Arbitrators in Commercial Disputes, American Bar Association/College of Commercial Arbitrators

Arbitration Roadmap - Timeline to Award, AAA

"Arbitration Discovery in Domestic Commercial Cases," New York State Bar Association, April 2009

"Arizona Adopts the Revised Uniform Arbitration Act," Hon. Bruce E. Meyerson (Ret.)

Arizona Revised Uniform Arbitration Act

"Best Practices Regarding Evidence in Arbitration," American College of Trial Lawyers (Alternative Dispute Resolution Committee (2018)

“Best Practices in Commercial Arbitration” (webinar), Shawn Aiken and Hon. Bruce E. Meyerson (Ret.), American Arbitration Association, April 2016

"Better Litigating Through Pre-Trial Agreements," Stephen D. Susman and Johnny W. Carter Appendices: Pretrial Agreements | Trial Agreements

"Comparison of AAA, JAMS, CPR Commercial Rules ," Liz Kramer

"Consolidation of Separate Arbitration Proceedings," Shawn Aiken, Private Arbitration Update, State Bar of Arizona, 2009

"The CPA's Role in ADR ," Shawn Aiken, AICPA National Fraud and Litigation Services Conference, 2008

CIArb Guidance Note on Remote Dispute Resolution Proceedings, 2020

CPR Rules Comparison Chart (September 2022) - comparing AAA, CPR, and JAMS domestic arbitration commercial rules

CPR Model Procedural Order for Remote Video Arbitration Proceedings,  April 2020

CPR Protocol on Determination of Damages in Arbitration

CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration

Damages in International Arbitration, Eric S. Sherby, Sherby & Co., Advs., International Dispute Resolution News, Fall 2023.

Delaware Rapid Arbitration Act, Title 10: Courts and Judicial Procedure

Delaware Rapid Arbitration Act, The Practitioner's Guide to the

"Developing an Effective Med-Arb/Arb-Med Process," Edna Sussman,  New York Dispute Resolution Lawyer, Spring 2009

Delay: Measuring Costs and Comparison with Litigation, Micronomics, 2011-2015

"Demystifying the Civil Deposition," John R. Byrne, Federal Lawyer (Jan/Feb 2021) - discussing bases for objections, including summary of authorities

Discovery Best Practices for Construction Arbitration, American Arbitration Association, 2021

"Dispute Resolution Law Journal," Pepperdine University School of Law

Early Valuation Followed by Last Offer Arbitration , D.C. Toedt (ABA ADR Section newsletter)

"Economical Litigation Agreements for Commercial Contracts as a Means of Reducing Civil Litigation Costs," International Institute for Conflict Prevention & Resolution

"Everyone Can Be a Winner in Baseball Arbitration: History and Practical Guidance," Edna Sussman and Erin Gleason, NYSBA New York Dispute Resolution Lawyer, Spring 2019

ESI Checklist for Rule 16(b) Joint Report, Superior Court in Maricopa County: Commercial Court, November 2021

Electronically Stored Information (ESI) Case Management Order v. 1 (Word)

Electronically Stored Information (ESI) Case Management Order v. 2 (PDF)

Federal Arbitration Act, Legal Information Institute - Cornell

Final Offer Arbitration Supplementary Arbitration Procedures (ICDR) (aka Baseball or Last Best Offer Rules) (2015)

CPR Global Rules For Accelerated Commercial Arbitration

CPR Guidelines for Arbitrators Conducting Complex Arbitrations

Guidelines for the Appointment and Use of Special Masters (10-25-18 draft)

Guidelines for the Arbitrator's Conduct of the Pre-Hearing Phase of Domestic Arbitrations and Guidelines for the Arbitrator's Conduct of the Pre-Hearing Phase of International Arbitrations , New York State Bar Association

Guidelines on Early Disposition of Issues in Arbitration

Hogan Lovells Protocol for Use of Technology in Virtual International Arbitration Hearings (April 2020) 

ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic (April 2020) (see especially: Art. 8 for measures aimed at more efficient case management)

International Centre for Dispute Resolution Procedures (Including Mediation and Arbitration Rules), March 2021

"Interpreting the Federal Arbitration Act: May an Arbitrator Issue a Prehearing, Nonparty Subpoena?" ABA Construction Litigation Committee

JAMS Optional Expedited Arbitration Procedures

Leveraging Technology for Fair, Effective, and Efficient International Arbitration , International Chamber of Commerce (ICC) Commission on Arbitration and ADR (February 2022) - includes sample procedural language (e.g.,  template order for the conduct of an evidentiary hearing by videoconference) and checklists (e.g., selecting an online case management platform or third-party videoconference host)

"CPR New Administered Arbitration Rules in a Nutshell"

Maricopa County Superior Court - Commercial Court

Maricopa County Superior Court - Commercial Court Trial Court Orders (available on Westlaw) 

Model procedural order for final hearing via videoconference , Tim Martin (January 2022)

Model procedural order for final hearing in person, Tim Martin (January 2022)

New York Arbitration Convention (website)

New York State Bar Association, Dispute Resolution Section, Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of Domestic Commercial Arbitrations

"Preparing for a Virtual Arbitration Hearing," George Haley

Primer on Crafting eDiscovery Requests for Production with "Reasonable Particularity ," The Sedona Conference (Nov. 2021)

Private Arbitration Agreement, Shawn K. Aiken

Private Arbitration Agreement, Timothy J. Thomason

Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration

"Protocols for Expeditious, Cost-Effective Commercial Arbitration," T. Stipanowich, ed., College of Commercial Arbitrators, 2010 (Thomas Stipanowich, Curtis von Kann, and Deborah Rothman)

Real Hearing (management of virtual hearing; 360-degree cameras; translation, etc., etc.)

Redfern Schedule (exemplar)

Redfern Schedule: Specimen schedule and drafting note (PLI)

"Restrictions on Obtaining Testimony and Documents from Non-Parties Under the Federal Arbitration Act," Kathleen A. Roberts

Rules and Procedures, International Institute for Conflict Prevention & Resolution (CPR)

Rules for a Pre-Arbitral Referee Procedure, International Chamber of Commerce

Rules for Expedited Arbitration of Construction Disputes, International Institute for Conflict Prevention & Resolution (CPR)

CPR Rules for Non-Administered Arbitration of International Disputes

CPR Rules for Non-Administered Arbitration of Patent & Trade Secret Disputes

IBA Rules of Ethics for International Arbitrators

IBA Rules on the Taking of Evidence in International Arbitration

The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production, (2018)

Seoul Protocol on Video Conference in International Arbitration (March 2020)

Subpoena for Remote Appearance by Non-Party, Richard Ziegler (September 2021)

"Tandem Expert Witness Examination Alternatives One and Two" (Laura Kaster, Stanley Sklar, Scott Donahey)

"Through a Glass Darkly: Non-Party Discovery Under the Federal Arbitration Act," Steven P. Caplow

TrialLine , cloud-based legal timeline software

"Top Ten Ways to Make Arbitration Faster and More Cost Effective," American Arbitration Association

UNCITRAL Arbitration Rules (2010)

Witness Statements, Use in Arbitration 

"Is It Time to Modernize Witness Statements?" Mike Lampert, Alternatives, 39:7 (July/August 2021)

Memorials and Witness Statements: The Need for Reform, Prof. Doug Jones AO and Robert Turnbull (including procedural order dealing with witnesses - see appendix)

Redefining the Role and Value of Expert Evidence, Prof. Doug Jones AO

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