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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 litigation, and the decision-maker is…

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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 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,…

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A Primer on Dispute Resolution Clauses in Business Agreements– Key Drafting Considerations

  © 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,…

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Copyright for Architectural Works

Copyright for Architectural Works by Thomas Hayton © 1993-2010 Thomas Hayton. All rights reserved. 1.  Introduction; Nature of Protections 1.1. Copyright 1.2. Moral Rights 1.3. Purpose of This Paper 2. Who Owns the Protection and How Do They Keep It? 2.1. Who is the Author? 2.2. Registration 2.3. Notice of Claim to Copyright 2.4. Transfer, Expiration, or Loss of Copyright…

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Intricacies of Dispute Resolution Clauses Within International Business Agreements-Key Drafting Considerations

  INTRICACIES OF DISPUTE RESOLUTION CLAUSES WITHIN INTERNATIONAL BUSINESS AGREEMENTS – KEY DRAFTING CONSIDERATIONS by Philip E. Cutler Cutler Nylander & Hayton, P.S. 1191 Second Avenue , Suite 1650 Seattle, WA 98101 Telephone: (206) 340-4600 Facsimile: (206) 340-4646 © 2010, Philip E. Cutler Phil Cutler is a principal in the Seattle law firm Cutler Nylander & Hayton, P.S., where his…

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