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 as the preferred domestic and international B2B dispute resolution process – can be made more efficient and cost-effective.  The product of that summit, Protocols for Expeditious, Cost Effective Commercial Arbitration, was published in 2010 and is available from the College of Commercial Arbitrators website, www.thecca.net.

In 2011, following up on the summit and the Protocols, the American Arbitration Association surveyed its most experienced arbitrators to develop a list of the “ten things they would tell CEOs and CFOs to help them derive the benefits of arbitration or to optimize the process.”  The comments of these leading arbitrators have now been collated and summarized in the following publication, which is also available on the American Arbitration Association’s website, www.adr.org.  As one who has served as sole arbitrator, panel chair or panel member in hundreds of arbitrations over nearly 20 years these “Top Ten Tips” mirror my own experience and are among the tips I submitted to the project.  I commend them to the lawyers who advise businesses in formulating appropriate dispute resolution clauses in contracts, the lawyers who try cases in arbitration, and the lawyers and business executives who guide those lawyers who try their cases.

Phil Cutler

Fellow, College of Commercial Arbitrators and member of AAA’s National Commercial Arbitration Panel and Large Complex Case Panel

1191 Second Avenue, Suite 1800
Seattle WA  98101
Telephone:  206-340-4600
Email:  philcutler@cnhlaw.com

Top Ten Tips to CEOs and CFOs from 40 Experienced AAA Arbitrators