Arbitrators’ Powers: Expansive, but Open to Challenge if Exceeded

An edited version of the following article appeared in the January 2013 edition of the King County Bar Bulletin.  P.E.C. Arbitrators’ Powers:  Expansive, but Open to Challenge if Exceeded By Phil Cutler © 2012  Like judges, arbitrators have broad powers when managing and deciding cases.  But their powers are limited by the agreement to arbitrate from which those powers are…

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Arbitration Disclosure Form

I use this form to make disclosures in AAA-administered arbitrations and mediations. I use a substantially similar form in private or court-annexed mediations and arbitrations and arbitrations administered by FINRA DR. Phil Cutler March 2013 Arbitrator [Mediator] Disclosures of Philip E. Cutler Consistent with the [CODE OF ETHICS FOR ARBITRATORS IN COMMERCIAL DISPUTES (AAA and ABA), the Disclosure Guidelines for…

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Sample Arbitration Submission Agreement

While arbitration is a recognized dispute resolution process – particularly in the business-to-business context – it is fundamentally a creature of contractual agreement among the parties and a written agreement to arbitrate is required.  See, e.g., RCW 7.04A.060.  The agreement to arbitrate may be entered into pre-dispute or after a dispute has arisen.  The following presumes that the parties did not agree to arbitration in their original dealings but, now that a dispute has arisen, have decided to use arbitration – rather than the courts – to resolve it.  As arbitration is contractual, it is vitally important that all necessary parties sign the agreement to arbitrate, as only parties will be bound by the result.  Either pre-dispute or post-dispute the parties have a choice:  arbitrate using the services of a neutral administering organization that appoints the arbitrator(s) and manages the process, or privately, on an ad hoc basis, with the parties or the arbitrator(s) managing the process.  Both scenarios are addressed in the following materials.  As with drafting pre-dispute dispute resolution clauses, it is vitally important that counsel understand the arbitration process and craft a clause that sets up an appropriate framework for resolving the dispute.

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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. Exhibit to Third-Party Subpoenas

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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…

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Trial Date Bumped? Brokered Out? Consider Arbitrating Your Case

By Phil Cutler Cutler Nylander & Hayton PS 1191 Second Avenue Seattle, WA  98101 206-340-4600 Philip E. Cutler © 2011     It has undoubtedly happened to you.  It is the week before trial.  You are in the final throes of case preparation.  You are feeling good about the case and your preparation.  You are looking forward to trial,…

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