An edited version of the following article appeared in the January 2013 edition of the King County Bar Bulletin. P.E.C. Arbitrators’ Powers: Expansive, but Open to Challenge if Exceeded By Phil Cutler © 2012 Like judges, arbitrators have broad powers when managing and deciding cases. But their powers are limited by the agreement to arbitrate [...]
Disclosure form – Mediations and Arbitrations
April 6, 2013 By
Arbitration Disclosure Form
April 6, 2013 By
I use this form to make disclosures in AAA-administered arbitrations and mediations. I use a substantially similar form in private or court-annexed mediations and arbitrations and arbitrations administered by FINRA DR. Phil Cutler March 2013 Arbitrator [Mediator] Disclosures of Philip E. Cutler Consistent with the [CODE OF ETHICS FOR ARBITRATORS IN COMMERCIAL DISPUTES (AAA and [...]
Sample Arbitration Submission Agreement
September 10, 2012 By
While arbitration is a recognized dispute resolution process – particularly in the business-to-business context – it is fundamentally a creature of contractual agreement among the parties and a written agreement to arbitrate is required. See, e.g., RCW 7.04A.060. The agreement to arbitrate may be entered into pre-dispute or after a dispute has arisen. The following [...]
Arbitrator Disclosure Form
September 10, 2012 By
Exhibit to Third Party Subpoenas
September 10, 2012 By
USAGE NOTE: I commonly attach an exhibit like this to subpoenas (either for discovery of for the Hearing) I issue to third-parties in AAA-administered arbitrations. I may use a similar form in NASD-administered arbitrations and in private arbitrations. Enforcement of an arbitrator-issued subpoena to a third-party is the province of the courts, not the arbitrator. [...]
Realizing the Benefits of Arbitration – Top 10 Tips to CEOs and CFOs
September 10, 2012 By
In the fall of 2009 the College of Commercial Arbitrators, a by-invitation only association of leading domestic and international arbitrators, in conjunction with the American Arbitration Association and other major arbitration-provider organizations, hosted a summit of leading lawyers, arbitrators, business executives, and general counsel to discuss ways in which arbitration – long viewed among businesses [...]
I Am Your Arbitrator. Here Is What To Expect From Me … And What I Expect From You.
September 10, 2012 By