Your team spent weeks—maybe months—negotiating an important transaction. Someone, possibly not the deal lawyers, chose arbitration over the courts as a last-minute clause before signing. Now a dispute has arisen, arbitration is looming, it may last more than a year at significant cost, and you must select an arbitrator. Outside counsel will present candidates, and your instinct may be to defer to them—but don’t. Selecting an arbitrator isn’t a legal formality. It’s the equivalent of hiring …
guidelines
What Arbitrators Actually Think About Your Expert
Republished with permission from JAMS. What is and is not effective expert testimony Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts — they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are not always the same qualities that resonate with a jury. Over …
Join the Conversation and Leave Your Digital Mark in the Arbitration Field
When I first became a commercial arbitrator, I would have loved to have had easy access to the best arbitrators to learn how they resolved business disputes, in court and in alternative dispute resolution settings. Fast forward to 2020 where we as CCA Fellows are lucky enough to fill that void in an easy-to-share, digital way… Welcome to the CCA Blog – a dialogue about commercial arbitration from the College of Commercial Arbitrators. The CCA, the most prestigious alternative dispute …
