Top Ten Mistakes Lawyers Make In Arbitration And Tips on How to Avoid Them!

By Phil Cutler Cutler Nylander & Hayton PS 1191 Second Avenue Seattle, WA  98101 philcutler@cnhlaw.com 206-340-4600 Philip E. Cutler © 2011     For over 20 years I have presided over or participated as a panelist in hundreds of arbitrations.  Those experiences have shown me the good, the bad and the ugly.  Quite frankly, there […]

A Primer on Dispute Resolution Clauses in Business Agreements– Key Drafting Considerations

  © 2011, Philip E. Cutler      Cutler Nylander & Hayton, P.S.  1191 Second Avenue, Suite 1650  Seattle, WA 98101   Telephone:  (206) 340-4600  Facsimile:  (206) 340-4646 Email:  philcutler@cnhlaw.com Website:  www.cnhlaw.com     Phil Cutler is a principal in the Seattle law firm Cutler Nylander & Hayton, P.S., where his practice emphasizes trial and […]

Reclaiming the Promise of Arbitration

By Phil Cutler[1] From the earliest days of the Washington Territory, arbitration has been a recognized method of dispute resolution in our state;[2] the Legislature enacted Washington’s first arbitration act in 1869.[3] Historically, arbitration has been popular, especially among businesses; notwithstanding its higher forum costs (the parties pay not insignificant filing fees and bear the […]

Sample Pre-Hearing Order #1

USAGE NOTE: The below represents the general form and content of the order I normally enter in AAA-administered arbitrations – where I am the sole arbitrator – following the initial preliminary hearing with the parties/counsel. It should be read in conjunction with the agenda letter and agenda I send out prior to the initial preliminary […]