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 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] Fellows Regular Registration (received by September 11, 2015) .............................................................$695.00 Fellows Late Registration (received after September 11, 2015 and by October 16, 2015)..........................$745.00 Fellows Door Registration (received after October 16, 2015) ..................................................................$795.00 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 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. 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 FRI: Whitney Museum $22 x ____ = $___________ An American in Paris $132.30 x ____ = $___________ SAT: “Gold Coast” Tour $30 x ____ = $___________ Beautiful: Carol King $129.00 x ____ = $___________ Optional Post-Conference Events – Must Be Purchased by June 26 Jersey Boys $101.00 x ____ = $___________ SUNDAY: WTC 9/11 Tour $50 x ____ = $___________ MetOpera: Rigoletto $162.50 x ____ = $___________ 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.
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