Read below for the latest news in the College.
April 14, 2016
C. Mark Baker - Houston, TX
John M. Barkett - Miami, FL
Robert E. Bartkus - Florham Park, NJ
Hon. Garrett E. Brown, Jr. (Ret.) - New York, NY
Hon. Terrence A. Carroll (Ret.) - Seattle, WA
William E. Franczek - Norfolk, VA
Hon. Deborah G. Hankinson - Dallas, TX
Paul B. Klaas - Minneapolis, MN
Mark E. Lassiter - Tempe, AZ
Joshua W. Martin III - Wilmington, DE
Hon. John S. Martin, Jr. - New York, NY
John Burritt McArthur - Berkeley, CA
Michael J. Schless - Austin, TX
Professor Stacie I. Strong - Columbia, MO
Gilda R. Turitz - San Francisco, CA
Gerald B. Wald - Coral Gables, FL
Hon. Barbara Byrd Wecker (Ret.) - Newark, NJ
Hon. John Zebrowski - Los Angeles, CA
May 28, 2015
John E. Bulman - Providence, Rhode Island
Michael H. Diamant - Cleveland, Ohio
John Fellas - New York, New York
Gerald W. Ghikas - Vancouver, British Columbia, Canada
Samuel L. Hanson - Minneapolis, Minnesota
Sally A. Harpole - San Francisco, California
Michael Hwang - Singapore
Alan M. Kanter - Bloomfield Hills, Michigan
Jonathan B. Marks - Bethesda, Maryland
Jose Antonio Rodriguez Marquez - Mexico City, Mexico
Lewis A. Remele, Jr. - Minneapolis, Minnesota
April 21, 2015
- CCA Fellows Tom Halket, Richard Mattiaccio, and Peter Michaelson are co-organizing a conference jointly sponsored by the New York City branch of the Chartered Institute of Arbitrators and UNCITRAL to address the forthcoming UNCITRAL Guide to the New York Convention. The conference will take place in Manhattan on October 21 immediately preceding the 2015 CCA Annual Meeting, which begins on October 22 in New York.
- CCA Fellow John Bowman has just completed his term as president of the Association of International Petroleum Negotiators, an organization with approximately 4500 members in over 90 countries who are commercial negotiators, business development/new ventures representatives, lawyers, consultants, and academics.
- CCA is one of the sponsors of the Construction ADR Summit, which will be presented at the annual meeting of the ABA Forum on Construction in Austin, Texas, on October 8-9. Thirteen CCA Fellows will be speakers.
- The Pennsylvania Bar Association Alternate Dispute Resolution Committee has presented its annual Sir Francis Bacon Alternate Dispute Resolution Award to CCA Fellow Stephen Yusem. The award recognizes an individual who has made a significant impact in the field of mediation and arbitration in Pennsylvania.
- Harvey J. Kirsh has been selected as the recipient of the Ontario Bar Association's Award of Excellence in Alternate Dispute Resolution. An award dinner is being planned for this autumn in Toronto.
February 20, 2015
- President Deborah Rothman, President-Elect Edna Sussman, Vice President John Byrne, Secretary/Treasurer Richard Silberberg; Past Presidents Ty Holt and Eugene Farber; and Fellows Harold Coleman, Larry Mills, John Holsinger and Patricia Galloway will debut the CCA Education Committee’s day-long “Effective Advocacy and Management in Arbitration” Program at the ABA Dispute Resolution Section Meeting in Seattle on April 17, 2015.
- The CCA is a sponsoring organization for the Joint Columbia Law School - Chartered Institute of Arbitrators Course on International Arbitration in NYC May 11-15, 2015, where the faculty includes Fellows Gerald Aksen, James Carter, Eugene Farber, Hon. Judith Kaye, John Townsend, Thomas Halket and Peter Michaelson.
- The “Effective Advocacy” Program will be reprised on May 14, 2015, in a day-long program co-sponsored by the Washington D.C. Bar Association with presenters John Holsinger, Judith Ittig, Tim Lewis, Nancy Lesser, Richard Levy and Deborah Rothman.
- The CCA will introduce its Construction Arbitration program in Atlanta, Georgia on May 27, 2015, co-sponsored by the State Bar of Georgia and the AAA, with a faculty of Fellows Carl Calvert, John Hinchey, Hal Gray, Stan Sklar, Patricia Galloway and Larry Harris.
January 12, 2015
- New York Fellow David W. Rivkin, a partner at Debevoise & Plimpton LLP, has been elected President of the International Bar Association.
- Fellow David Singer has been elected Chair of the Dispute Resolution Section of the New York State Bar Association.
- New Jersey Fellows John R. Holsinger, Laura A. Kaster, J. Warren Wood III and (Hon.) William A. Dreier presented the CCA Education Committee’s “Arbitration Ethics Practicum” at New Jersey’s ADR Inn of Court on January 8, 2015.
- President Deborah Rothman and California Fellows William Fitzgerald, Zela Claiborne, Richard Chernick, (Hon.) Eli Chernow, Richard Mainland and Peter Collisson presented the CCA Education Committee’s “The Managerial Arbitrator”, co-sponsored by JAMS and the AAA, at the Los Angeles County Bar Association on January 15, 2015.
November 17, 2014
"The Guidance Note: Arbitration and Social Media" was developed by a working group comprised of representatives of the College of Commercial Arbitrators and other institutions and individuals concerned with arbitration in response to perceived ethical and practical issues raised by arbitrators’ participation in social media. It is not intended as a statement of law, ethical rules, or grounds for vacatur or disqualification, but rather will serve to enable arbitrators to identify and deal effectively with potential problems.
November 4, 2014
We are pleased to announce that CCA Fellow Tom Stipanowich has completed, and is about to publish two articles arising of his studies of the state and future of commercial arbitration and the results of the CCA/Straus Institute Survey on Arbitration Practice.
The two articles present extensive new data on practices and trends in commercial arbitration, including results from and analysis of a groundbreaking empirical survey of perceptions and practices among experienced arbitrators. Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals and its companion piece, Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators, will soon be published in Columbia's AMERICAN REVIEW OF INTERNATIONAL ARBITRATION. However, they may now be accessed at the following SSRN links:
These articles contain new information and insights on many different aspects of commercial arbitration practice in the U.S. and in international disputes. Topics include the habits and attitudes of business users and their attorneys; barriers to making effective choices regarding arbitration; standards for arbitrator decision making and methods of managing perceived risks in arbitration (including appellate arbitration, final offer arbitration and other alternatives); the variety of proactive approaches now employed to promote economy and efficiency in arbitration; the handling of pre-hearing motion practice and discovery; management of hearings; issues of diversity in arbitration tribunals (including the gender and the professional background of arbitrators); perceptions of party-appointed arbitrators on tripartite panels; the dramatic growth in the ranks of self-described "dispute resolution professionals"; the education, training and credentialing of arbitrators; legal advocacy in arbitration; arbitrators and settlement; the impact of mediation on arbitration and arbitrators; the growing emphasis on early evaluation or case assessment; the impact of technology; and the insights drawn from behavioral science and "big data."
The CCA membership will be particularly interested in the articles, in part, because the CCA Fellows played a large part in helping to develop the data that Tom analyzed and discusses in his normal thought-provoking manner. The publication of the Survey is the culmination of the collaboration between Tom Stipanowich, The Straus Institute and the CCA that preceded the CCA Retreat held before the 2013 Annual Meeting. We are excited to have it available to us prior to the 2014 Annual Meeting and are certain that we will see the two publications cited by other arbitration scholars, arbitrators and educators for some time to come.
On behalf of CCA, we thank Tom and The Straus Institute for all of their contributions!
August 28, 2014
CCA Fellow Phil Cutler recently authored a counter-point article for CorpCounsel.com entitled "Making the Case for Arbitration" in response to the article by Aaron Foldenhauer entitled "Big Risks and Disadvantages of Arbitration vs. Lititgation." Click here to download Cutler's "Making the Case for Arbitration."
August 11, 2014
Two new reviews have come in for the CCA Guide to Best Practices, 3rd Edition:
- Dispute Resolution Magazine (Summer 2014) - "Keeping Commercial Arbitration True to its Core Values"
- NYSBA Dispute Resolution Lawyer (Spring 2014) - Book Review
CCA Fellow Louise A. LaMothe Selected as U.S. Magistrate Judge for the Central District of California
July 8, 2014
The United States District Court for the Central District of California announces the selection of Louise A. LaMothe as United States Magistrate Judge. Judge LaMothe, who was sworn in on January 10, will sit in Santa Barbara in the Court's Western Division, filling the position vacated by former Magistrate Judge Rita C. Federman.
Prior to her selection as a Magistrate Judge, Judge LaMothe practiced as a professional arbitrator and mediator, serving on the panels of the American Arbitration Association, and the International Institute for Conflict Prevention and Resolution (CPR). She is a Fellow and Board member of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators. She has been a long‐time volunteer on the District Court's Attorney Settlement Officer Panel. While in private practice as a litigator she served twice as a Ninth Circuit Judicial Conference lawyer representative and was Chair of the American Bar Association Section of Litigation. She began her Los Angeles legal career at Irell & Manella, LLP, in 1974, where she became the firm's first woman partner. She later practiced at Riordan & McKinzie and Bird Marella Boxer Wolpert & Matz before becoming a full‐time neutral.
Since 1997, Judge LaMothe has resided in Santa Barbara, in 2012, Santa Barbara Women Lawyers honored her as its Deborah Talmage Attorney of the Year, and she has been a Master in the William L. Gordon Inn of Court. She received both her A.B. and her J.D. from Stanford University.
Including the position now occupied by Judge LaMothe, the Central District of California has 24 authorized full‐time and one part‐time Magistrate Judge positions. The duties of Magistrate Judges include conducting preliminary proceedings in criminal cases, the trial and disposition of misdemeanor cases, conducting discovery and various other pretrial hearings in civil cases, the trial and disposition of civil cases upon consent of the litigants, and other matters as may be assigned. Part‐time Magistrate Judges are appointed for a term of four years, and can be reappointed to additional terms.
The Magistrate Judge position requires a minimum of five years as a member in good standing of the bar of the highest court of a state, and at least five years of active practice of law. The rigorous selection process, which is governed by statute and by regulations adopted by the Judicial Conference of the United States, includes detailed background reviews and interviews before a Merit Selection Panel consisting of attorneys and non‐attorney public representatives. The Panel refers candidates to the District Court, where interviews are conducted by the District Court's Magistrate Judges Committee. The top candidates are then referred to the full Court for review, selection, and appointment.
The Central District of California is comprised of the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara, and San Luis Obispo, and serves approximately 18.7 million people – nearly half the population of the state of California. In 2013, almost 16,000 cases were filed in the District.
(Press Release courtesy of Terry Nafisi, District Court Executive, January 17, 2014)