Construction Lawyers Society of America Webinar Series, together with the Litigation Counsel of America, are proud to present "What Every Lawyer Needs to Know About Arbitration: A Conversation with Experts — Part II" moderated by Cedric C. Chao, Chao ADR, PC; featuring Natalie C. Anderson, Head of Litigation, TopBuild Corp.; John "Mac" Burritt McArthur, Law Office of John Burritt McArthur; and Eric P. Tuchmann, Senior Vice President, General Counsel and Corporate Secretary, American Arbitration Association.
Arbitration is governed by different rules, customs and expectations than court litigation, and international arbitration even more so. The year-long closure of courts during the pandemic has only increased interest in arbitration as an alternative to court litigation.
In Part I, we addressed fundamentals: a corporate counsel's thought process in choosing between litigation and arbitration, identifying the transactions when one form of dispute resolution is superior to the other, negotiating and drafting optimal arbitration provisions, arbitrator selection, and differences in discovery and motion practice as between arbitration and litigation.
On June 30, we will present Part II, tackling more advanced topics. For example, we will drill down on the differences in the conduct of trials as between arbitration and litigation, ethical boundaries when interviewing potential arbitrator candidates, assessing arbitrator conflicts, common jurisdictional issues, arbitral institutions' internal processes, protecting or challenging arbitration awards, and the key differences between domestic and international arbitration.
Our panel of experts will lead us through the forest. Do's and don'ts. Pitfalls for the unwary. Tips for success. Come join us!
Panel of experts:
Cedric C. Chao, Moderator
Chao ADR, PC
San Francisco, California
Cedric was a litigation partner for 25+ years at 1000-lawyer Morrison & Foerster where in addition to his US trial practice, he led the firm's international litigation and arbitration practice from 1996 to 2013 when he joined 4200-lawyer DLA Piper as US head of DLA's international arbitration practice. In May 2019, Cedric launched Chao ADR, PC, to act as arbitrator and mediator, while continuing to lead several high-stakes litigation matters.
He has led teams in arbitration proceedings around the world, and has sat under the rules of the ICC, ICDR, AAA and SIAC as presiding, sole and wing arbitrator. He has argued 13 times before the US Court of Appeals for the 9th Circuit including an 11-member en banc panel, once before the US Supreme Court, and 5 times before the California State Court of Appeal. He has second-chaired 6 other appellate arguments.
Cedric is listed in Best Lawyers in America for arbitration, mediation and commercial litigation, and was named by Best Lawyers as the "2018 San Francisco Arbitration Lawyer of the Year" and the "2020 San Francisco Mediation Lawyer of the Year." In September 2018, Cedric was named by California's legal publication, The Daily Journal, as one of California's "Top 100 Lawyers." He received The Daily Journal's prestigious "2019 California Lawyer Attorney of the Year" award for thought leadership in bringing international arbitration to California. Cedric is a Fellow of the Construction Lawyers Society of America and the Litigation Counsel of America.
Natalie C. Anderson
Head of Litigation
Daytona Beach, Florida
Natalie is a strategic advisor and business counsel to executives. She has represented companies on wide-ranging business matters, from complex contracts and finance transactions, to commercial litigation, delivering both financial acumen and strong business judgment. With almost two decades of legal experience, Natalie has successfully tried and arbitrated high-stakes business issues, and then used that experience to strategically facilitate corporate growth, commercial transactions, and compliance. Natalie also serves as an advisor in internal and governmental investigations, regulatory proceedings, audits, and enterprise risk assessments. Former partner at a national Am Law 125 law firm, she currently serves as in-house counsel to an international publicly traded corporation. Natalie graduated with Honors from the University of Iowa College of Law, and has a graduate business degree, with Dean’s Honors, from McGill University in Canada. She is licensed to practice law in Florida and Arizona. Natalie is a Fellow of the Construction Lawyers Society of America.
John "Mac" Burritt McArthur
Law Office of John Burritt McArthur
John Burritt "Mac" McArthur has been trying cases nationally since 1983. He has been an arbitrator since 1994. Mac has handled complex cases with antitrust, class action, employment, insurance, IP, qui tam, racketeering, securities, many kind of contract, many kinds of tort, and racketeering claims. He was involved in trials producing one of the largest jury verdicts of 1988 and of 2004, and was lead counsel in a similarly large victory in an administrative trial in Alaska in 2013. Mac is a Fellow of the College of Commercial Arbitrators, the Chartered Institute of Arbitrators, and a member of the National Academy of Distinguished Neutrals. He has written extensively on oil and gas law, areas like antirust and securities law that involve market regulation, judicial reform, and arbitration. His book The Reasoned Arbitration Award in the United States: Its Promise, Problems, Preparation, and Preservation, will be published by Juris Publication of New York by the summer. Mac is a Senior Fellow of the Litigation Counsel of America.
Eric P. Tuchmann
Senior Vice President, General Counsel and Corporate Secretary
American Arbitration Association
New York, New York
Eric P. Tuchmann is Senior Vice President, General Counsel and Corporate Secretary for the American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR). In that capacity, he oversees the ICDR’s operations, strategy and policies. In addition, as chief legal officer, he manages the organization’s legal and governance affairs, including litigation and regulatory matters involving the AAA-ICDR and its arbitrators and mediators. Eric served as counsel of record on amicus curiae briefs filed in various courts, and has been involved in various policy initiatives related to alternative dispute resolution. He analyzes domestic and international legal developments impacting the field, serves as an observer to various UNCITRAL working groups, and speaks frequently on arbitration and mediation topics.