American Arbitration Association WWW'ADR'ORG

1
American Arbitration Association WWW.ADR.ORG

• THE TUNE
• A CASE FOR ARBITRATION
• FRANK HUANG
• LINDELL MILLER
• RICK RUDY
• SURAT SUPITCHAYANGKOOL
• JOHN SWARTZ
• SHERYL WALTERS-MALCOLM

2
American Arbitration Association WWW.ADR.ORG
WHAT IS ARBITRATION

• Arbitration is the process by which parties of a
  dispute submit their differences to the judgment
  of a neutral and impartial third person or
  group selected by mutual consent and whose
  decision is binding.

3
American Arbitration Association WWW.ADR.ORG
WHAT IT DOES

• The American Arbitration Association world's
  leading provider of conflict management and
  dispute resolution services.
• The American Arbitration Association is available
  to resolve a wide range of disputes through
  mediation, arbitration, elections and other
  out-of-court settlement procedures.
• The objectives of the Association are, for the
  benefit and education of the general public and
  interested parties, to study, research, promote,
  establish, and administer procedures for the
  management of disputes through the use of
  arbitration, mediation, conciliation,
  negotiation, democratic elections, and other
  voluntary procedures, together with such other
  objectives and purposes as are set forth in the
  Associations governing documents

4
American Arbitration Association WWW.ADR.ORG
HOW ARBITRATION WORKS

• Parties agree to arbitrate.
• Parties select an arbitrator.
• Parties and arbitrator prepare for the hearing.
• Parties present their case.
• Arbitrator makes a binding decision.

5
American Arbitration Association WWW.ADR.ORG
ITS DUTIES

• AN ARBITRATOR SHOULD UPHOLD THE INTEGRITY AND
  FAIRNESS OF THE ARBITRATION PROCESS.
• AN ARBITRATOR SHOULD DISCLOSE ANY INTEREST OR
  RELATIONSHIP LIKELY TO AFFECT IMPARTIALITY OR
  WHICH MIGHT CREATE AN APPEARANCE OF PARTIALITY OR
  BIAS.
• AN ARBITRATOR IN COMMUNICATING WITH THE PARTIES
  SHOULD AVOID IMPROPRIETY OR THE APPEARANCE OF
  IMPROPRIETY.
• AN ARBITRATOR SHOULD CONDUCT THE PROCEEDINGS
  FAIRLY AND DILIGENTLY.
• AN ARBITRATOR SHOULD MAKE DECISIONS IN A JUST,
  INDEPENDENT AND DELIBERATE MANNER.
• AN ARBITRATOR SHOULD BE FAITHFUL TO THE
  RELATIONSHIP OF TRUST AND CONFIDENTIALITY
  INHERENT IN THAT OFFICE.
• ETHICAL CONSIDERATIONS RELATING TO ARBITRATORS
  APPOINTED BY ONE PARTY

6
American Arbitration Association WWW.ADR.ORG
ITS AUTHORITY

• Arbitration awards are legally binding and
  enforceable in most jurisdictions. The Federal
  Arbitration Act provides for enforcement of
  arbitration agreements and awards in
  interstate-commerce and international contracts.
• The United States is a signatory to the
  following conventions
• New York Convention
• Panama Convention

7
American Arbitration Association WWW.ADR.ORG
WHY USE ARBITRATION

• Reduces the hostility between the parties and
  help them to engage in a meaningful dialogue on
  the issues at hand.
• Opens discussions into areas not previously
  considered or inadequately developed.
• Communicates positions or proposals in
  understandable or more palatable terms.
• Probes and uncover additional facts and the real
  interests of parties.
• Helps each party to better understand the other
  parties views and evaluations of a particular
  issue, without violating confidences.
• Narrows the issues and each partys positions,
  and deflate extreme demands.
• Gauges the receptiveness for a proposal or
  suggestion.
• Explores alternatives and search for solutions.
• Identifies what is important and what is
  expendable.
• Prevents regression or the raising of surprise
  issues.
• Structures a settlement to resolve current
  problems and future parties needs.

8
American Arbitration Association WWW.ADR.ORG

• THE TUNE?????

9
American Arbitration Association WWW.ADR.ORG
Doctoral Candidate Blues
Woke up this morning Lookd round for my shoes I
had those low down Doctoral candidate blues   I
got some power point presentations The e-mail
said Print them if you will Im on my third cup
of coffee And the slides are printing still
10
American Arbitration Association WWW.ADR.ORG
Textbook has a website Seems its a book that
talks I dont have time to hear it Im too busy
cleaning out my inbox This is my song I aint
singin no more If I aint outta here soon Im
gonna get hauled up to the fifth floor
11
American Arbitration Association WWW.ADR.ORG

• Drafting an AAA Approved Arbitration Clause

• Go to Focus Areas from home page.
• Under topic Guides, select Drafting Dispute
  Resolution Clauses A Practical Guide.
• Under Section IV (Clauses for Use In Specific
  Context), select Clauses for Use In
  International Disputes.
• That section describes procedures and gives
  sample clauses to be used.

12
American Arbitration Association WWW.ADR.ORG

• Enforcement of Arbitration Award

• Finding conventions that US is signatory on
• Under Guides, view
• Convention on the Recognition and Enforcement of
  Foreign Arbitral Awards (the New York Convention)
  
• Inter-American Convention on International
  Commercial Arbitration (the Panama Convention) 
• Which is more more prevalent (the one that is
  signed by the most countries)
• Has US accepted main treaty (New York
  Convention)?
• What reservations US made?
• Scroll down to view reservations by other
  countries