2015 CCA Brochure

College of Commercial Arbitrators ®
15th Annual Meeting
New Frontiers:
“The Times, They Are A-Changin’...”
October 22-24, 2015
New York Marriott East Side
New York, New York
All events take place at The New York Marriott East Side unless otherwise noted.
Thursday, October 22nd
12:30 p.m. – 6:00 p.m.
Registration Desk Open
2:00 p.m. – 5:00 p.m.
Board of Directors Meeting
All Fellows welcome to attend. Advance RSVP required on form.
6:00 p.m. – 8:00 p.m.
Opening Cocktail Reception
(Hosted by the American Arbitration Association at the Dispute
Resolution Center, 150 E. 42nd St., 17th Floor.) Socialize with your
CCA colleagues, India Johnson, President and Chief Executive of
the AAA/ICDR, and the AAA/ICDR staff. Learn about the new
charitable foundation established by the AAA/ICDR. All Fellows and
their registered Spouse/Guest are welcome to attend.
8:00 p.m.
Dinner and/or Entertainment On Your Own
(A list of area restaurants will be provided.)
Friday, October 23rd
7:00 a.m. – 5:00 p.m.
Registration Desk Open
7:30 a.m. – 8:30 a.m.
Fellows’ Breakfast & Committee Meetings
All Fellows and their registered Spouse/Guest are invited to breakfast.
7:30 a.m. – 8:45 a.m.
New Fellows’ Orientation Breakfast
For New Fellows, Squires and Committee Chairs
Co-Chairs: Shawn K. Aiken and Joanne Barak
8:45 a.m. – 9:00 a.m.
Welcome
Deborah Rothman, President, Los Angeles, CA
Edna R. Sussman, President-Elect, Scarsdale, NY
9:00 a.m. – 10:00 a.m.
PLENARY SESSION: Arbitration Through the Ages and its Role in
Enabling International Commerce
Introduction by David C. Singer, Program Co-Chair, New York, NY
CCA Fellow David W. Rivkin will discuss how arbitration has enabled
international commerce from ancient times to the present day and
current challenges. As the President of the IBA which has 55,000
individual members and over 190 bar association members spanning
all continents, he will also summarize IBA’s current initiatives.
David W. Rivkin, President, International Bar Association,
New York, NY
10:00 a.m. – 11:15 a.m.
PLENARY SESSION: What’s New? Arbitration Update:
An Interactive Session Testing Your Knowledge of New Domestic
and International Arbitration Cases and Rules
Join with the faculty in a highly interactive discussion of new case
and rule developments in domestic and international arbitration.
This will be a fast-paced program featuring the hot new cases and
rules all arbitrators need to know. Match your knowledge with your
colleagues’!
Moderator: Hon. Bruce E. Meyerson (Ret.), Phoenix AZ
Deborah B. Mastin, Miami, FL
Richard H. Silberberg, New York, NY
11:15 a.m. – 11:45 a.m.
Break
11:45 a.m. – 12:45 p.m.
BREAKOUT SESSIONS
I. Are They Ahead of Us? International Arbitration on the
European Continent: Vive la Difference, and What Can We Learn?
This interactive dialogue among leading arbitrators from Geneva,
Vienna and Paris will explore the key differences in practice between
international commercial arbitration in Continental Europe and
domestic commercial arbitration in the United States. What are
the different approaches to pleadings, pre-hearing motion practice,
document exchange and submission, witness testimony and the role
of the arbitrator or Tribunal? How is the pre-hearing identification of
issues and provision of preliminary views by arbitrators approached?
Are these differences a continuing reality and what different policy
choices do they reflect? What are the benefits and drawbacks of
different approaches? And what lessons might U.S. arbitrators learn
from the experience in Europe?
Moderator: Jean E. Kalicki, Washington, DC
Dominique Brown-Berset, Brown & Page, Geneva, Switzerland
W. Laurence Craig, Orrick, Herrington & Sutcliffe LLP, Paris, France
Catherine Kessedjian, Professor, University Panthéon-Assas,
Paris, France
Dr. Nikolaus Pitkowitz, Graf & Pitkowitz, Vienna, Austria
II. Is This the New Frontier? Out of the Fog and Into the Cloud
with Cloud Computing
Thirty percent of CCA Fellows who responded to our technology
survey maintain their files in the cloud. Should you? Cloud computing,
broadly defined, is a category of software and services delivered to
your office over the Internet rather than installed directly on a user’s
computer. There are questions to consider. What are the ethical
and security issues related to cloud computing? What are the risks,
rewards, benefits and detriments of cloud computing? What are the
common cloud based services and functions? Is the cloud especially
useful for the solo practitioner? This program will help you make
your decision.
Moderator: B. Christopher Lee, Philadelphia, PA
Gary L. Benton, Palo Alto, CA
Mark E. Lassiter, The Lassiter Law Firm, Tempe, AZ
12:45 p.m. – 2:00 p.m.
Fellows’ Luncheon – Introduction & Induction of New Fellows
Co-Chairs: Joanne Barak and Judith B. Ittig
2:00 p.m. – 3:00 p.m. (1.0 hour ethics)
PLENARY SESSION: Some Things Never Change:
Exploring Solutions for the Difficult Co-Arbitrator
How often have you been on a panel of arbitrators where one of
your colleagues does not understand the concept of neutrality, or
punctuality, or collegiality? Have you suffered the embarrassment of a
All events take place at The New York Marriott East Side unless otherwise noted.
co-panelist dozing-off in the afternoon? How about the co-arbitrator
who is so busy that it takes weeks to schedule a conference call and the
hearing cannot be set within a reasonable timeframe because he/she is
“booked until… 2017? Have you suffered the disorganized chair who
keeps losing key documents (and must ask counsel to provide another
copy) or who is never focused on what next step in the process must
be accomplished? What do you do with a co-arbitrator who makes up
his/her mind early in the process and does not hesitate to share that
state of mind with the parties? Or who insists on writing a dissent? The
panel will address these and many more delicate issues of diplomacy,
decorum and arbitral propriety in an interactive setting – you and we
will address solutions to these and other burning issues.
Moderator: Richard Chernick, Los Angeles, CA
Nancy F. Lesser, Washington, DC
John H. Wilkinson, New York, NY
3:00 p.m. – 3:15 p.m.
Break
3:15 p.m. – 4:30 p.m.
PLENARY SESSION: Ask & Answer
Have pressing questions or issues you would like guidance on from
your colleagues? This is your chance to get the benefit of our collective
wisdom. Your questions will be solicited in advance of the meeting and
we will call upon you to answer them in this interactive session.
Moderator: Gerald G. Saltarelli, Chicago, IL
Reginald A. Holmes, Pasadena, CA
Charles J. Moxley, Jr., New York, NY
Allison J. Snyder, Houston, TX
5:30 p.m. – 7:30 p.m.
Cocktail Reception
(Hosted by JAMS at their hearing rooms at the New York Times
Building, 620 Eighth Avenue, 34th Floor.) Socialize with your CCA
colleagues and JAMS arbitrators. Learn about the latest developments
at JAMS from Bob Davidson and Richard Chernick. All Fellows and
their registered Spouse/Guest are welcome to attend.
8:00 p.m. – 11:00 p.m.
Friday Evening Entertainment Options
If you have not already registered, Fellows may pre-register by June 26
on the registration form or on-line for tickets to a Broadway play or
the Opera. All shows begin at 8:00 p.m. Group minimums apply.
• An American in Paris – A 2015 Tony Award nominee for best
musical; a Gershwin musical adapted from the movie; enjoy a romance
of song and step in post WWII Paris. (The Palace Theatre)
• Beautiful – A 2014 Tony award nominee for best musical; a biomusical about the legendary singer-songwriter Carole King; relive
her pop classics. (Stephen Sondheim Theatre)
• Jersey Boys – A Tony award winner for best musical and the 13th
longest running show on Broadway; the story of the Four Seasons;
stroll down rock ’n’ roll memory lane. (August Wilson Theatre)
• Metropolitan Opera – Verdi’s Rigoletto tells the tragic story of
a licentious duke, his hunch-backed court jester and the jester’s
beautiful daughter. (Lincoln Center)
For those who do not opt to pre-register for one of these group events,
a few additional informal options will be made available closer to the
conference date.
Saturday, October 24th
7:30 a.m. – 5:00 p.m.
Registration Desk Open
7:45 a.m. – 8:45 a.m.
Fellows’ Breakfast & Committee Meetings
All Fellows and their registered Spouse/Guest are invited to Breakfast.
8:45 a.m. – 9:00 a.m.
Welcome and Announcements
Laura A. Kaster, Program Co-Chair, Princeton, NJ
Edna R. Sussman, President-Elect, Scarsdale, NY
9:00 a.m. – 10:15 a.m.
PLENARY SESSION: The Legal Landscape has Changed:
Learn How to Navigate the Thorny Issue of Subpoenas
Subpoenas are complicated. The New York City Bar Association
recently issued a comprehensive report that treats the practical issues.
What is the significance of the recently amended FRCP Rule 45? How
does one deal with conflicting interpretations of the Circuit Courts of
Appeals? How do we interpret the subpoena powers given to arbitrators
under the FAA’s Section 7? What is the availability of subpoenas under
state arbitral regimes? How should arbitrators respond when parties
seek to subpoena documents or witnesses from distant non-parties?
Should the arbitrator be concerned about the enforceability of the
subpoena? Join the panel to discuss these questions, learn where you
can look for guidance, and share your tips.
Moderator: Marc J. Goldstein, New York, NY
Hon. William G. Bassler (Ret.), Red Bank, NJ
Deborah A. Coleman, Cleveland, OH
Robert B. Davidson, New York, NY
Ben H. Sheppard, Jr., Houston, TX
10:15 a.m. – 10:45 a.m.
Break
10:45 a.m. – 12:00 p.m.
BREAKOUT SESSIONS
I. Evolving Roles: The Appropriate Role of Arbitrators in the
Continuum of Dispute Resolution
How can arbitrators and dispute resolution professionals provide more
dynamic, tailored responses to parties’ needs and circumstances?
What can, and should, arbitrators do to promote settlement? Might
they “set the stage” for settlement by supervising the exchange of
information and discovery, or addressing key dispositive motions?
Should arbitrators work with parties to identify potential mediation
“windows” during the arbitration, or even coordinate with mediators
on tailoring a process? Is there room for facilitated process design
(exemplified by Guided Choice)? Is there a place for hybrid processes,
such as med/arb? Learn how your colleagues are viewing the
big picture of the continuum of dispute resolution and join this
interactive discussion examining the appropriate role we should play
as arbitrators in this continuum.
Moderator: John A. Sherrill, Atlanta, GA
Hon. Louise A. LaMothe, Santa Barbara, CA
Thomas J. Stipanowich, Malibu, CA
All events take place at The New York Marriott East Side unless otherwise noted.
II. Time to Conquer Technophobia: Get the Most Out of Your
Computer, Phone and Tablet
Mark Lassiter, a nationally known presenter on these topics, will
demonstrate in a “live” format the vast opportunities created by
today’s technology for managing your practice, conducting hearings
and preparing awards. How can you use and mark up digital PDF
exhibits and briefs most effectively? How can you maintain security?
Can you go paperless? Is there a way to manage your myriad
usernames and passwords? Can you prepare orders, awards and
correspondence more efficiently? How can you to keep up with and
incorporate new technology and new forms of communication?
Watch, listen and learn.
Moderator: Mark J. Heley, Bloomington, MN
Mark E. Lassiter, The Lassiter Law Firm, Tempe, AZ
12:00 p.m. – 1:30 p.m.
Fellows’ Luncheon Presentation
Keynote Speaker: The Honorable Richard C. Wesley,
U.S. Second Circuit Court of Appeals, New York, NY
Introduction by Hon. Judith S. Kaye (Ret.), New York, NY
1:30 p.m. – 2:45 p.m.
PLENARY SESSION: Issues on the Horizon Lead to the Debate:
“Resolved that the System for Appointing Arbitrators does not
Serve the Needs of the International Arbitration User
Community.”
The debate is picking up steam in the international arbitration
community. Should all arbitrators be appointed directly by institutions
or from a list or should the party-appointed system continue to be
used? Are there serious problems of repeat appointments, excessive
partisanship, competence and availability, or is the status quo
satisfactory? Is the information available to parties and counsel
about prospective arbitrators adequate and would more information
contribute to solving the criticisms of the system that have been leveled
in some quarters? Should sanitized arbitration awards be published and
would it facilitate or harm the increase of diversity in the field?
Moderator: Elliot E. Polebaum, Washington, DC
For the Resolution: Catherine A. Rogers, Penn State Law School,
State College, PA
Against the Resolution: Laurence Shore, Herbert Smith Freehills
LLP, New York, NY
Judge: Charles N. Brower, London, England
Judge: William (Rusty) W. Park, Boston, MA
Judge: John M. Townsend, Washington, DC
2:45 p.m. – 3:00 p.m.
Break
3:00 p.m. – 4:15 p.m. (1.25 hours ethics)
PLENARY SESSION: Ethics Practicum
A perennial favorite, during the Practicum we will work in small groups
with other Fellows to wrestle with sophisticated and difficult arbitration
problems, especially those dealing with ethical issues. Each group will
be presented with scenarios from actual cases experienced by Fellows
and asked to determine a resolution of the problems presented. The
solutions will then be reviewed by all Fellows in a group session.
Eugene I. Farber, White Plains, NY
4:15 p.m. – 5:00 p.m.
PLENARY SESSION: Towards the Future of the CCA:
An Open Mic for Your Thoughts and Suggestions
As we embark upon a new CCA year we want to hear from you. What
else should the CCA be doing? How else can the CCA be of assistance
to you? Are there additional ways in which we can raise the profile of the
CCA? Please, give us the benefit of your thoughts and suggestions.
Edna R. Sussman, Scarsdale, NY
John F. Byrne, Brooklyn, NY
6:30 p.m. – 10:30 p.m.
Reception and Dinner at The Russian Tea Room
(150 West 57th Street, New York, NY 10019)
All Fellows and their registered Spouse/Guest are invited to attend.
Join your CCA colleagues for cocktails and dine in the private rooms
of the iconic Russian Tea Room with its elaborate 19th-century décor.
An after-dinner musical interlude will be offered by Uptown Vocal,
Columbia University’s premier jazz and pop a cappella group.
Friday & Saturday Activities
for Spouses/Guests
Spouses and guests may pre-register on the registration form by June
26 for optional activities on Friday and Saturday. Transportation to and
from the excursions is on your own and directions will be provided.
FRIDAY, OCTOBER 23 – 10:30 a.m. – 12:30 p.m.
Tour of the Whitney Museum of American Art
The Whitney is the preeminent institution devoted to the art of
the United States, and presents the full range of twentieth-century
and contemporary American art, with a special focus on works by
living artists. The Whitney’s critically acclaimed new building which
opened in May 2015 vastly increases the Museum’s exhibition and
programming space, providing the first comprehensive view of its
unsurpassed collection of modern and contemporary American art.
Cost is $22.00 per person. Please make your ticket purchase using
the enclosed registration form.
SATURDAY, OCTOBER 24 – 10:30 a.m. – 12:30 p.m.
America’s Gold Coast Walking Tour
Minimum 20 registrants; maximum first 25 to register. The Upper East
Side of Manhattan, with its tremendous concentration of individual
wealth, has long been known as “America’s Gold Coast.” Join tour
leader and New York Historian, Justin Ferate, honored by the New York
State Tourism Council as “New York’s Most Engaging Tour Guide”
as you discover the secrets of this legendary neighborhood and visit
a number of its greatest architectural treasures. Justin will provide
an overview of the neighborhood, sharing legends, lore, and maybe a
wee bit of gossip. The walk will include magnificent mansions, private
clubs, grand apartment houses, and impressive houses of worship.
The tour will start at Fifth Avenue and 59th Street and end at Fifth
Avenue and 70th Street near the Frick Museum, another grand old NY
mansion. Optional visit to the Frick Museum on your own after the
tour. Cost is $30.00 per person. Please make your ticket purchase
using the enclosed registration form.
All events take place at The New York Marriott East Side unless otherwise noted.
Post-Conference Sunday
Excursion Options For All
All Fellows may pre-register on the registration form by June 26 for
these post-conference activities. Minimum of 20 registrants required;
maximum of first 25 to register. Transportation to and from the
excursions is on your own and directions will be provided.
SUNDAY, OCTOBER 25 – 11:00 a.m. – 12:30 p.m.
Memories of the World Trade Center Walking Tour
Join tour leader and New York Historian, Justin
Ferate honored by the New York State Tourism
Council as “New York’s Most Engaging Tour
Guide” as you walk the streets near the World
Trade Center and relive the events of that day
with little known stories about victims, rescuers and survivors. Visit
the 9/11 Memorial and other memorials nearby and hear about the
disputes and their resolution surrounding the
construction of the Freedom Tower, the 9/11
Memorial and the 9/11. Museum. The tour will
begin nearby and conclude at the 9/11 Museum,
which you will visit on your own. Cost is $50.00
per person and includes the $24 ticket for the
9/11 Museum. Please make your ticket purchase
using the enclosed registration form.
SUNDAY, OCTOBER 25 – 11:00 a.m. – 12:45 p.m.
Studio Visit with Two SoHo or TriBeCa Artists
Led by multimedia artist and art tour guide Jo Wood-Brown the
studio visits will provide a personal experience of the New York art
scene. The tour will visit the studios of two established artists living
and working in TriBeCa or SoHo. During the studio visits, the artists
will discuss their work with the group, and answer any questions the
group may have. The visits are geared with an emphasis towards a
rich and eclectic dialog about contemporary art today. Cost is $65
per person. Please make your ticket purchase using the enclosed
registration form.
GENERAL INFORMATION
Hotel: For the convenience of meeting registrants, a block
of rooms has been reserved at our host hotel, The New York
Marriott East Side, 525 Lexington Avenue at 49th Street, New
York NY 10017. To make your reservation, please call (212)
755-4000 and request the ‘College of Commercial Arbitrators’
group rate of $295 per night single/double. Reservations
should be made as soon as possible. When the room block is
exhausted, the hotel will fill reservation requests on a rate and
space available basis only.
Airport & Transportation: The New York Marriott East Side
is approximately 9 miles (20 minutes/ $40 cab fare) from the
La Guardia International Airport (LGA), approximately 16.6
miles (40 minutes/$60 cab fare) from the John F. Kennedy
International Airport (JFK), and approximately 17.5 miles (40
minutes/$65 cab fare) from the Newark International Airport
(EWR). Rental cars and executive cars are also available at each
airport.
Bus, train and subway services are all available near The
New York Marriott East Side. For specific information visit
http://www.marriott.com/hotels/maps/travel/nycea-new-yorkmarriott-east-side/.
Parking: The New York Marriott East Side offers valet parking
only at $65.00 per day with no in/out privileges.
Activities: For information on activities and attractions
available in and around The New York Marriott East Side visit
http://www.marriott.com/hotels/local-things-to-do/nyceanew-york-marriott-east-side/.
MCLE Credit: This program has been approved for 11.50
hours MCLE credit (2.25 hours ethics) in the State of Texas.
Applications have been filed and are pending in New York
and Illinois. Full MCLE information will be available at
registration.
Special Thanks to our
2015 Conference Sponsors:
Reception Sponsor
American Arbitration
Association
Reception Sponsor
JAMS
Lunch Sponsor
The National Academy
of Distinguished Neutrals
Lunch Sponsor
Thomson Reuters/Practical Law
Session Videotaping
U.S. Legal Support
About the College of Commercial Arbitrators
Established in 2001, the College of Commercial Arbitrators is a national organization of commercial
arbitrators providing a meaningful contribution to the profession, the public and to the businesses and
lawyers who depend on commercial arbitration as a primary means of dispute resolution.
CCA promotes the highest standards of conduct, professionalism and ethical practice, develops “best
practices,” and provides peer training and professional development.
The College provides interaction and communication in the profession, and offers an easy means to identify
those individuals whose professional training and experience qualify them to undertake the most complex
and difficult arbitration assignments.
2015 Officers
President: Deborah Rothman
President-Elect: Edna R. Sussman
Vice-President: John F. Byrne
Secretary/Treasurer: Richard H. Silberberg
Board of Directors
15th Annual Meeting Chair: Edna R. Sussman, President-Elect
Program Vice-Chairs: Laura A. Kaster and David C. Singer
CCA Staff Liaisons: Donna J. Passons (Executive Director),
Bill Seward (Assistant Director)
John T. Blankenship (2017)
Harold Coleman (2015)
Roy L. De Barbieri (2016)
Paul J. Dubow (2017)
Herbert “Hal” Gray, III (2016)
Mark J. Heley (2017)
John R. Holsinger (2015)
L. Tyrone Holt (Immediate Past President)
Judith B. Ittig (2015)
James R. Madison (2015)
Susan H. Nycum (2016)
Connie L. Peterson (2015)
Vivien B. Shelanski (2017)
Stanley P. Sklar (2016)
Stephen S. Strick (2017)
R. Wayne Thorpe (2015)
John H. Wilkinson (2016)
New York, New York
Join us at The New York Marriott East Side to participate in a first-rate educational program featuring
the latest developments and hot topics in commercial arbitration. Celebrate the unique collegiality of the
College of Commercial Arbitrators with special networking and entertainment opportunities available only
in “The Big Apple.” With a prime Manhattan location near Grand Central Station and Rockefeller Center,
the New York Marriott East Side puts the very best of NYC easily within your reach!
Cover photo ©123RTF Stock Photos
College of Commercial Arbitrators 15th Annual Meeting
October 22-24, 2015 Š New York, NY
MEETING REGISTRATION
Please submit your meeting registration and payment by September 11, 2015. Please see below for the cancellation policy.
Hotel reservation information can be found in the brochure under “General Information.”
Register online at www.thecca.net or by sending the completed registration form & payment to:
CCA 15th Annual Meeting
Phone: (512) 372-8350
P.O. Box 4646
Fax: (512) 451-2911
Austin, TX 78765
Email: [email protected]
ˆ Fellows Regular Registration (received by September 11, 2015) .............................................................$695.00
ˆ Fellows Late Registration (received after September 11, 2015 and by October 16, 2015)..........................$745.00
ˆ Fellows Door Registration (received after October 16, 2015) ..................................................................$795.00
ˆ Journal Ads Contribution (in honor of Incoming, Present and Past Presidents) .......................................$100.00
*Listing as from the Fellows – No Individual Names.
Conference Materials: Materials on USB drive are included with your conference registration. The materials
will also be available online for download in advance of the conference. You may purchase the
printed binder of conference materials for an additional $50.00 .............................................................. $___________
¾ ˆ Spouse/Guest Registration*: Print Name: ______________________________________________ ...$350.00
Optional Events
(*Includes Thursday Reception, Friday Reception, Saturday Reception & Dinner, and Friday and Saturday Breakfasts.)
Optional events must be reserved by June 26th and are subject to group minimums and maximums.
ˆ CCA Thursday Board Meeting: Advance RSVP Required Optional Spouse/Guest Events – Must Be Purchased by June 26
Friday Theatre/Opera Tickets Must Be Purchased by June 26 ˆ FRI: Whitney Museum $22 x ____ = $___________
ˆ An American in Paris $132.30 x ____ = $___________
ˆ SAT: “Gold Coast” Tour $30 x ____ = $___________
ˆ Beautiful: Carol King $129.00 x ____ = $___________
Optional Post-Conference Events – Must Be Purchased by June 26
ˆ Jersey Boys
$101.00 x ____ = $___________
ˆ SUNDAY: WTC 9/11 Tour $50 x ____ = $___________
ˆ MetOpera: Rigoletto $162.50 x ____ = $___________
ˆ SUNDAY: Art Studio Tour $65 x ____ = $___________
I cannot attend the annual meeting. I would like to purchase the following:
Written Meeting Materials at $50. Select One: ‰ Binder ‰ USB Drive ......................$ 50.00
Total Enclosed .......................................................................................................... $_________
Name: _________________________________________________________________________________________
Company/Firm: __________________________________________________________________________________
Address: ________________________________________________________________________________________
City:______________________________State:__________________Zip/Postal Code: ________________________
Phone:____________________________ Fax:___________________ E-mail: _______________________________
Please List Any Special Needs/Dietary Requests: _______________________________________________________
PAYMENT INFORMATION: Please make your check payable to College of Commercial Arbitrators
Please charge my: ‰ Visa ‰ MasterCard ‰ American Express
Credit Card # ______________________________________________ Exp. Date ___________________________
Signature __________________________________________________ Security Code _______________________
Name on Card __________________________________________________________________________________
Billing Address (incl. zip code) _____________________________________________________________________
Refunds less a $50 processing fee will be granted to registrants who cancel on or before 30 days prior to the first day of the
meeting. If notice is received after that time and before 7 days prior to the first day of the meeting, refunds will be granted
less a $150 processing fee. No refunds will be granted thereafter.