Umpire Master Class
We are pleased to announce an exciting line-up for the ARIAS Umpire Master Class on November 1, 2017.
II. Organizational Meeting
- Setting a date; telephonic or in-person.
- Organizational meeting schedule and items to include; dispositive motions.
- Disclosures; party objections/questions.
- ARIAS form hold harmless stipulation/confidentiality agreement; party objections
- Parties’ presentation of their respective cases; attendance by party representatives; questions by Panel.
- Arbitration schedule: motion practice, discovery parameters, meet-and-confer requirements, status reports, issue and witness identification, hearing dates; managing parties’ disagreement.
III. Managing Motion Practice And Discovery – Using Hypothetical Situations
- Ex parte communications.
- Handling unduly aggressive/disrespectful conduct among counsel, arbitrators; requests for additional briefing time, extension of schedule dates, requests for “reconsideration” and “clarification;” failure to comply with Panel orders; imposition of sanctions for conduct during discovery.
- Balancing scope of document production; guidance by “access to records provisions,” FRCP, case law, industry custom and practice, nature of issues in dispute.
- Consideration of age of dispute, document retention policies, costs to producing parties.
- Resolving privilege disputes; guidance by “access to records provisions,” FRCP, case law, industry custom and practice, nature of issues in dispute.
- Deposition-witness issues, including number of fact witnesses, need for expert witnesses, and balancing requests by parties.
IV. Pre-Hearing/Hearing Issues And Considerations – Using Hypothetical Situations
- Receipt and discussion of hearing plan, to include structure, timing, witnesses, opening/closing, manner of objections, presentation of evidence, use of exhibits and demonstratives, use of technology.
- Arbitrators’ view: purpose of: parties’ pre-hearing briefs and exhibits; non- appearing witness testimony.
- Arbitrators’ view: purpose of: opening statements, closing arguments, witness testimony, exhibits, demonstratives; efficacy of lawyers’ objections and argument during hearing.
- Panel questioning during hearing of counsel, witnesses, and party representatives; advocacy for one party; de-facto direct or cross-examination.
- Panel deliberations; awarding sanctions and/or interest (pre- and post- judgment); drafting award (reasoned or other); dissent.
- Post-hearing submissions.
Location: New York Marriott Marquis,1535 Broadway, New York, NY 10036, US