Intricacies of Dispute Resolution Clauses Within International Business Agreements-Key Drafting Considerations

  INTRICACIES OF DISPUTE RESOLUTION CLAUSES WITHIN INTERNATIONAL BUSINESS AGREEMENTS – KEY DRAFTING CONSIDERATIONS by Philip E. Cutler Cutler Nylander & Hayton, P.S. 1191 Second Avenue , Suite 1650 Seattle, WA 98101 Telephone: (206) 340-4600 Facsimile: (206) 340-4646 © 2010, Philip E. Cutler Phil Cutler is a principal in the Seattle law firm Cutler Nylander […]

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 […]

Practice Pointers for the Lawyer Advising Clients in Mediation-A Mediator’s Perspective

Just as mediation is an art, not a science, there is an art to advocacy in mediation.  I have developed the following “pointers” during the course of over 30 years as a trial lawyer in complex commercial and business disputes, and 25-plus years serving as mediator in such cases.  Although they reflect my personal experience […]

Suggested Format for an Agreed Mediation Plan Under the King County Superior Court Early Mediation Pilot Project

Below is my suggested format for an agreed mediation plan to be filed in those King County cases slected for the Early Mediation Pilot Program. A Word version is available here: Agreed Mediation Plan ****************************** SUPERIOR COURT OF WASHINGTON FOR KING COUNTY CAPTION AGREED MEDIATION PLAN COME NOW the parties to this case, by and […]

King County Superior Court Early Mediation Pilot Project

Historically, only 3-5% of civil cases filed in King County Superior Court proceed to trial. Some are disposed of on motion, some plaintiffs simply withdraw their complaint; most are resolved by settlement – often through mediation. While mediation offers a proven and effective means of resolving a dispute prior to trial, the later it occurs […]

Book Review: Business and Commercial Litigation in Federal Courts, 2nd Edition

An edited version of the below article was published in the King County Bar Bulletin in December 2006. Below article © Phil Cutler 2006; published version © King County Bar Association 2006. Book Review: BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, SECOND EDITION (Robert L. Haig, Editor-in-Chief) Published by ABA Section of Litigation and Thomson/West, […]

Important Changes Made by Washington’s Newly-Enacted Uniform Arbitration Act

An edited version of the below article was published in the January 2007 issue of the King County Bar Bulletin. Below article © Phil Cutler and Tom Brewer (2006 and 2007); published article © King County Bar Association (2006 and 2007). In 2005 Washington joined a short but growing list of other states that have […]