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Effective Representation of Clients in Commercial Arbitration: Exploring the Differences Between Arbitration and Court-Based Litigation

Produced on February 23, 2020

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Course Information

Time 77 minutes
Difficulty Beginner

Course Description

Arbitration and litigation are very different and require attorneys to take substantially different approaches than they would take in a court case to effectively represent their clients. This program will provide attorneys with guidance on the substantial differences between representing clients in commercial arbitrations as compared to in court-based litigation by walking through the entire process of commercial arbitration to identify the opportunities and pitfalls that one faces as counsel at each phase of the process. In addition, the program will identify and discuss best practices in representing clients in arbitration and securing the distinct advantages of arbitration for our clients (or avoiding such advantages as needed).

The presenter, Professor Charles Moxley, has developed this program based upon his experience presiding over hundreds of arbitrations with the American Arbitration Association and other arbitration providers over the past 30+ years and his experience serving as an arbitration trainer for the New York State Bar Association, the American Arbitration Association and CPR and teaching in the field for many years. 



Learning Objectives:

  1. Review the differences between arbitration and litigation in commercial cases
  2. Identify best practices and pitfalls in the commercial arbitration process
  3. Advise clients on what to expect when entering arbitration for the first time 


This course originally appeared as a part of our February 2020 Bridge the Gap Event. 

Credit Information

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Faculty

Charlie Moxley, Jr.

MoxleyADR LLC

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.