An edited version of the below article was published in the August 2010 issue of the King County Bar Bulletin (“Making the Case and Persuading the Arbitrator”). Below article © Philip E. Cutler (2008 and 2010); published version © King County Bar Association (2010). Arbitration has long been a recognized form of adjudicative dispute resolution. [...]
Arbitration – Getting the Evidence, Getting it in . . . and Persuading the Arbitrator
February 22, 2011 By
I Am Your Arbitrator. Here Is What To Expect From Me . . . And What I Expect From You.
February 22, 2011 By
Downloadable Copy of I Am Your Arbitrator © Philip E. Cutler 1 2010 I have been a trial lawyer for over 30 years. Over the last 20 years, service as an arbitrator, special master and pro tem judge has become an increasingly important and significant part of my practice. My experience as a lawyer and [...]
Alternative Dispute Resolution: Doing Business in Washington, Chapter 27
February 16, 2011 By
Chapter 27 ALTERNATIVE DISPUTE RESOLUTION Philip E. Cutler 27.1 INTRODUCTION In addition to the option of having commercial disputes resolved by a court proceeding, other options for resolving disputes are available. These options are commonly referred to as Alternative Dispute Resolution, or ADR. Given the high cost of civil litigation, the drain on management time [...]
Important Changes Made by Washington’s Newly-Enacted Uniform Arbitration Act
February 16, 2011 By
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
February 16, 2011 By
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 [...]
Representative Arbitrations, Mediations, and Special Master Assignments – Phil Cutler
February 16, 2011 By
Philip E. Cutler Cutler Nylander & Hayton PS 1191 Second Avenue, Suite 1650 Seattle, WA 98101 Telephone: 206-340-4600 Facsimile: 206-340-4646 Email: philcutler@cnhlaw.com Website: www.cnhlaw.com Representative Arbitrations Six-, 7- and 8 -figure customer/broker securities disputes; 7-figure employment termination dispute between senior executive and public-company employer; 8-figure breach of contract dispute between aircraft owner and VIP aircraft [...]
Exhibit to Third Party Subpoenas
February 16, 2011 By
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. [...]
Arbitrator/Special Master Profile
February 16, 2011 By
Contact Information Philip E. Cutler Cutler Nylander & Hayton PS 1191 Second Avenue, Suite 1650 Seattle, WA 98101 Telephone: 206-340-4600 Facsimile: 206-340-4646 Email: philcutler@cnhlaw.com Website: www.cnhlaw.com Legal Employment Cutler Nylander & Hayton (and predecessor firms, Cutler & Nylander and Talmadge and Cutler), 1990-present; Sax and MacIver/Karr Tuttle Campbell, 1979-89 (firms merged their practices in 1986); [...]
Arbitration Disclosure Form
February 16, 2011 By