Arbitrators’ Powers: Expansive, but Open to Challenge if Exceeded

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

Disclosure form – Mediations and Arbitrations

Arbitration Disclosure Form

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 [...]

Private Arbitration Agreement

Private Arbitration Agreement

Sample Arbitration Submission Agreement

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

USAGE NOTES: I use this form to make disclosures in AAA-administered arbitrations. I use a substantially similar form in private arbitrations and arbitrations administered by FINRA DR. Arbitrator Disclosure Template

Exhibit to Third Party Subpoenas

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

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.

I Am Your Arbitrator. Here Is What To Expect From Me … And What I Expect From You. I have been a trial lawyer for almost 40 years.  Over the last 25 years, service as an arbitrator, special master and pro tem judge has become an increasingly important and significant part of my practice.  My [...]

Trial Date Bumped? Brokered Out? Consider Arbitrating Your Case

By Phil Cutler Cutler Nylander & Hayton PS 1191 Second Avenue Seattle, WA  98101 philcutler@cnhlaw.com 206-340-4600 Philip E. Cutler © 2011     It has undoubtedly happened to you.  It is the week before trial.  You are in the final throes of case preparation.  You are feeling good about the case and your preparation.  You [...]