Watch mentorship sessions where international arbitration professionals provide valuable advice to new attorneys and law students.
What Do Arbitrators Expect from Counsel During the Evidentiary Hearing
This session, led by CalArb mentor Ghada Audi, focuses on the evidentiary hearing stage in arbitration, with insights from experienced arbitrators Eric Chang and Ruth Glick. They discuss what arbitrators expect from counsel during this phase, emphasizing professionalism, organization, and clarity. Ruth highlights the importance of engaging with arbitrators by being prepared, concise, and professional, while Eric underscores effective advocacy, narrative framing, and anticipating arbitrators’ needs. Both stress the collaborative role of junior lawyers in supporting senior counsel through research, organization, and proactive involvement. Practical advice includes crafting impactful opening and closing statements, using witness statements effectively, and responding to arbitrators’ cues. The discussion concludes with a preview of the next session on award writing, focusing on how arbitrators synthesize evidence and claims into reasoned awards. Note: the sixth and final session of this program was inadvertently unrecorded and does not appear in this series.
Common Procedural and Evidentiary Issues During the Preliminary Hearing
This session, led by CalArb mentors Dana Welch, Katie Connolly, and Tuyana Molokhoeva, focuses on procedural and evidentiary issues during preliminary hearings in arbitration. The panelists provide practical guidance on topics such as establishing a clear procedural roadmap, ensuring neutrality and fairness, and preparing effectively for hearings. They emphasize the importance of collaboration between counsel to minimize adversarial conflicts, maintaining civility, and aligning strategies with the client’s best interests. The discussion also covers the arbitrator’s role in setting a tone of authority and neutrality, managing procedural disputes efficiently, and tailoring the arbitration process to suit the needs of the case. Engaging Q&A exchanges provide deeper insights into maintaining procedural integrity and adapting advocacy styles to diverse arbitration contexts. The session concludes with a reminder of the next event, which focuses on expectations during evidentiary hearings.
Survey of Preliminary Challenges that Arise in Arbitration
The third session of California Arbitration’s mentorship program, led by Ghada Audi, focuses on preliminary issues in arbitration, emphasizing jurisdictional challenges and procedural nuances in both international and domestic arbitration. Speakers Paul Hines and Carla Gharibian, from Jones Day, share insights from their extensive experience in cross-border disputes and arbitration. They explore key challenges, such as the existence of arbitration agreements, party scope, subject matter jurisdiction, and arbitrator powers. Emphasizing the strategic importance of procedural rules, they highlight the need for practitioners to balance legal tactics with clients’ business objectives. Both speakers also offer advice for aspiring arbitration professionals, stressing the value of adaptability, understanding procedural norms, and fostering meaningful client relationships. The session underscores the dynamic interplay between legal expertise and strategic business considerations in arbitration practice.
Mechanisms for Appointment of the Arbitral Tribunal
In this CalArb Mentorship session, Donald Smiley provides an in-depth exploration of arbitration practices within the entertainment industry, emphasizing the nuanced challenges and unique opportunities arbitration presents. He discusses factors influencing arbitrator selection, such as subject matter expertise, impartiality, and the importance of maintaining confidentiality, a critical concern for entertainment professionals. Smiley shares illustrative anecdotes, including disputes over contractual rights, statutory determinations, and COVID-related interruptions, demonstrating the adaptability of arbitration in resolving complex issues while preserving professional relationships. He highlights arbitration’s role in maintaining privacy and industry collaboration, stressing the proactive drafting of arbitration clauses to address potential disputes effectively. Smiley also touches on institutional mechanisms for arbitrator appointments and how industry-specific expertise impacts the process, providing insights into managing conflicts.
Comparative International Commercial Arbitration
CalArb mentors Marcus Quintanilla and Soody Tronson host a panel of experts to compare and contrast different types of arbitration and how to respond to the differences. The distinguished panel includes Abbey Hawthorne from the International Chamber of Commerce; Dr. Mariel Dimsey, managing partner of CMS Hong Kong; Yanette Quiroz-Valdovinos, vice president at the International Centre for Dispute Resolution (IDCR); Kimberly Taylor, CEO and president of JAMS; and Kevin Nash, Deputy Registrar & Centre Director of the Singapore International Arbitration Centre (SIAC).