Private Arbitration Agreement

Private Arbitration Agreement

Doing Business in Washington? Understand the ADR Options.

ADR IN WASHINGTON – Chapter 28 of “Doing Business in Washington” (5th ed., WSBA International Section) I was asked to author the chapter on Alternative Dispute Resolution for the 5th edition of “Doing Business in Washington”, published (fall 2010) by the WSBA International Section in conjunction with the Washington Department of Commerce.  I also authored [...]

Arbitration – Getting the Evidence, Getting it in . . . and Persuading the Arbitrator

ARBITRATION PRACTICE & PROCEDURE The following material was prepared for an in-house law firm CLE in the fall of 2008. While arbitrations and court cases share many common traits, an arbitration is generally less formal procedurally than a court case, the discovery available in arbitration is a good deal less expansive than that available in [...]

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 [...]

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 [...]

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 [...]