ITR-Realizing the Benefits of an Effective Multi-Arbitrator Tribunal-110213
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…
While most parties choose to resolve disputes by either mediation or arbitration (or litigation), there is a hybrid process – known as Med-Arb – that parties occasionally prefer. As its name implies, the parties first mediate and then, if and only if they are unable to resolve all issues by settlement, the mediator changes hats and sits as an arbitrator,…
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 the same chapter in prior…
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 litigation, and the decision-maker is…
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…
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 experience as a lawyer and…
By Phil Cutler Cutler Nylander & Hayton PS 1191 Second Avenue Seattle, WA 98101 philcutler@cnhlaw.com 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,…
By Phil Cutler Cutler Nylander & Hayton PS 1191 Second Avenue Seattle, WA 98101 philcutler@cnhlaw.com 206-340-4600 Philip E. Cutler © 2011 For over 20 years I have presided over or participated as a panelist in hundreds of arbitrations. Those experiences have shown me the good, the bad and the ugly. Quite frankly, there are many more seriously egregious…
© 2011, Philip E. Cutler Cutler Nylander & Hayton, P.S. 1191 Second Avenue, Suite 1650 Seattle, WA 98101 Telephone: (206) 340-4600 Facsimile: (206) 340-4646 Email: philcutler@cnhlaw.com Website: www.cnhlaw.com Phil Cutler is a principal in the Seattle law firm Cutler Nylander & Hayton, P.S., where his practice emphasizes trial and appellate practice and dispute resolution,…