Drawing on their experience presiding over hundreds of large, complex arbitrations and litigating high stakes matters, Edna Sussman (www.sussmanadr.com), and Charles Moxley, Jr. (www.moxleyadr.com) introduce you to the “arbitration difference” – how this process differs from litigation, and how arbitration counsel can optimize results for their clients.
In this course, Edna and Charles discuss how to avoid the pitfalls of non-compliance with “step-clauses” as to negotiation and mediation that appear in many arbitration clauses, harness the rules of the applicable arbitration providers in the particular case, and draft arbitration pleadings that capture the arbitrators’ hearts and minds from the outset. They address how to seek interim relief in court and in arbitration tribunals when necessary and how to represent clients in the preliminary hearing in such a way as to obtain the scope of process and schedule most suited to one’s client’s needs in the particular case. Additionally, they explain how to effectively communicate with arbitrators, both through written and oral submissions in all phases of the case.
I. Understand the fundamental differences between arbitration and court-based litigation
II. Harness the potential of the “arbitration difference” to best achieve one’s client’s objectives in the particular case
III. Select arbitrators appropriate for the case
IV. Obtain the amount of discovery and motion practice most helpful to one’s client in the particular case
V. Win the hearts and minds of arbitrators in all phases of the case
VI. Persuade arbitrators to decide one’s case based on the law or the equities or some combination thereof, depending upon the needs of the case
VII. Deliver effective opening and closing statements and pre-hearing and post-hearing briefs
VIII. Assist arbitrators in understanding one’s case through providing key exhibits, demonstratives, summaries, draft award language, and proposed outlines of the desired award
This course originally appeared as a part of our June 2016 Bridge the Gap Event.
Edna Sussman is the principal of SussmanADR LLC and has been appointed as the Distinguished ADR Practitioner in Residence by the Fordham University School of Law. She started her career as a litigation associate and then partner at a prominent international law firm. Now a full time arbitrator and mediator, over the past 20 years she has served as the arbitrator or mediator in well over 100 arbitrations and well over 100 mediations in both domestic and international complex commercial disputes.
Ms.Sussman is one of five arbitration trainers nationwide for the American Arbitration Association's new arbitrators, serves on the boards and executive committees of the American Arbitration Association and the College of Commercial Arbitrators and as Vice Chair of the New York International Arbitration Center. She has published and lectured extensively on the arbitration and mediation process. She has won recognition and awards in the fields of arbitration and mediation, including being selected by Chambers USA as prominent in International Arbitration, listed in the Who’s Who of international Arbitration and the Who’s Who of International Mediation, rated Tier 1 by U.S. New & World Report for arbitration and mediation and listed annually in Best Lawyers and Super Lawyers for Alternative Dispute Resolution. Based on peer reviews, she was named by Best Lawyers as the 2012 New York City Mediation Lawyer of the Year and as one of the ten outstanding international mediators in Who’s Who International Commercial Mediation 2013.
Ms Sussman serves on leading ADR panels including those administered by the American Arbitration Association (AAA), the International Centre for Dispute Resolution (ICDR), the International Institute for Conflict Prevention and Resolution (CPR), the Swiss, Vienna, Hong Kong, South China, Korea, British Columbia, Dubai, and Kuala Lumpur Arbitration Centres, Energy Arbitrators List Around the World, FINRA, National Futures Association, U.S. Institute for Environmental Conflict Resolution, federal, state and bankruptcy courts in N.Y., and is listed by the ICC and the LCIA
As an arbitrator, Ms. Sussman ensures that the parties get a fair and effectively managed proceeding. As a mediator, Ms. Sussman has a talent for guiding the parties to a mutually satisfactory settlement of the dispute.
Charlie Moxley is an experienced arbitrator, mediator, litigator, and educator. The principal in MoxleyADR LLC, he is the Distinguished ADR Practitioner in Residence at Cardozo Law School, as well as an Adjunct Professor at Fordham Law School, teaching arbitration and international law, and a Fellow of the College of Commercial Arbitrators and of the Chartered Institute of Arbitrators.
Charlie has been a litigator handling large commercial, securities, insurance, corporate, employment, construction, international and other cases in federal and state courts throughout the United States for over 35 years.
In recent years, he has spent most of his time as an arbitrator and mediator. He has conducted more than 400 arbitrations and mediations, primarily in the commercial, securities, employment, insurance, construction, and international areas, with many of the cases involving substantial claims. He is a member of arbitration and mediation panels of the American Arbitration Association (AAA), the International Institute for Conflict Prevention and Resolution (CPR), the U.S. Council of lnternational Business (USCIB) for the ICC International Court of Arbitration, and Supreme Court, New York County (Commercial Division and Part l 37), and of the arbitration panel of ARIAS-US. He also serves as arbitrator and mediator in ad hoc cases.
Charlie has published widely in the arbitration area and regularly lectures at academic and professional functions on the subject, including at Cardozo and other law schools and at American Arbitration Association, American Bar Association, New York State Bar Association (NYSBA), New York City Bar Association, and ARIAS-US functions and events. He has also written widely and teaches in the public international law area.
Charlie is active in professional associations in the arbitration and mediation areas. He is Chair of the Committee on Arbitration and ADR of the Commercial and Federal Litigation Section of the N YSBA. Charlie is also a recent past Chair of the Dispute Resolution (DR) Section of the NYSBA and a member of the DR Section's Executive Committee, and a former delegate to the N YSBA's House of Delegates.
Charlie started out his career at Davis Polk & Wardwell, following his graduation from Columbia Law School and a clerkship in the United States District Court for the Southern District of NewYork.
A good introduction to arbitration from two practitioners who are obviously very knowledgeable and enthusiastic about the arbitration process.
nice intro to an area I was not familiar with
best CLE I have seen on lawline yet
Experienced arbitrators provided excellent exclamation's and written materials
Terrific body of written supplemental materials for those not experienced in this area
Interesting and informative "two for one" discussion.
Excellent course with outstanding teachers.
Very good presentation
Again Excellent work by these speakers. GREAT!