Ford Motor Co is CLA Honoree; Q&A w/ CPR Environmental Cmte Chairs; Foreign Arbitral Award? 9th Circ. Says No
the CPR
DateBook
June 25, 2019

Welcome to the "CPR DateBook," in which we periodically provide you with details on CPR's upcoming events in one place for easier planning purposes. These mailings will also contain helpful tips, highlights and links to breaking CPR news and initiatives, as well as CPR resources you may want to explore or revisit. CPR is always hard at work to provide information and other tools to help you advance your dispute resolution goals. To print the DateBook, first open it in your browser here.
 
 
CPR SELECTS FORD MOTOR COMPANY AND GENERAL COUNSEL BRADLEY GAYTON FOR 2019 CORPORATE LEADERSHIP AWARD

The company and its head legal officer will be honored at CPR’s Annual Corporate Leadership Award Dinner on Wednesday, November 20 at the Ziegfeld Ballroom in New York

Ford, a founding member of CPR, signed CPR’s
original Corporate Policy Statement on Alternatives to Litigation in 1985, which makes the company an original signer on behalf of the company and all its subsidiaries.

The company has long embraced CPR's mission to put ADR in the mainstream of legal practice, participating in several CPR committees, and either contributing to or inspiring several CPR model procedures and other major resources. Gayton has continued to embody and apply these principles, setting a tone and high standard for employees, business partners, vendors and the community as a whole.

“Bradley and the Ford Legal team are true corporate leaders in the field of ADR, approaching dispute prevention and resolution thoughtfully with a view towards seeking solutions that support the business,” said Noah J. Hanft, outgoing President & CEO of CPR. “They are the embodiment of CPR’s mission, and that is why Bradley and his team are so deserving of this award.” 


See the full press release announcing this news HERE.
 
COMMITTEE Q&A
A Conversation with the CPR Environmental Committee Co-Chairs

In the first segment of what will be an ongoing DateBook feature, taking a closer look at one of CPR's greatest assets--and membership benefits, we sat down recently with the Co-Chairs of CPR’s Environmental Committee, Steven Antunes of AEGIS Insurance Services, Inc. (above left) and John Bickerman of Bickerman Dispute Resolution, PLLC (above right), to learn more about what this dynamic committee has been up to and has planned for the future.
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The Environmental Committee focuses generally on promoting the use of ADR in the environmental context and identifying best practices for mediation and arbitration in this highly technical area of the law. What are some of the specific issues that the Committee has focused on recently, and how?

John Bickerman: As working effectively with the government is almost always a critical component of environmental matters, the Committee organized a presentation on “
Best Practices for Resolving Government Disputes” in Washington, D.C. in April 2018, featuring senior jurists from the EPA’s Environmental Appeals Board and directors of the dispute resolution divisions of FERC and the DOI.  Every agency has its own dispute resolution program. In the future, we intend to engage other agencies and have meetings outside of Washington, DC.  For example, we are considering holding meetings in the cities where EPA has regional offices because much of the interaction that the business community may have will come through the regional offices.

Steven Antunes: And just last month, we hosted a lunch time webinar on Ash Pond featuring Vivek Chopra of Perkins Coie and Kieran J. Purcell, Environmental Division Director of Rimkus Consulting Group, Inc. A recording of this webinar is available, for CPR members only, on CPR’s website HERE (members must be logged in to access). The Committee provided a primer on the functionality of an ash pond and its potential environmental affects and how ADR is utilized in resolving legal conflicts arising there from.

Can you give us a preview of some of the important environmental issues the Committee will be focusing on next?

Steven Antunes: The re-emergence of asbestos litigation has become an issue. The Committee will offer a comprehensive webinar in December 2019 regarding the role ADR plays in resolving asbestos-related matters.  The Committee is also putting together a session on how ADR should/could resolve potential environmental issues arising out of a Green New Deal scenario.

John Bickerman: One of the very significant challenges industry faces is the shifting regulatory and enforcement regimes of different Administrations. How much does the mission of an environmental agency change with each new Administration and how do companies plan and manage their environmental programs?

What have you both personally gotten out of participating in CPR’s committee structure, and what would you say to busy CPR members about why they should become more involved?

John Bickerman: Committee work gives a member the opportunity to immerse oneself more fully in specific areas of interest. Through committee work, a member can meet and develop meaningful relationships with colleagues who have shared interests. And, as a full-time neutral, CPR programs have provided an opportunity to understand better the thinking and approach of key corporate decision makers on how they approach resolving disputes.  And, it has also given prospective clients an opportunity to meet me and understand how I do my job.

Steven Antunes: My company is a longstanding CPR member and advocate of ADR so, I acknowledge that there may be a bias in my experience but every time I leave a CPR event, including Environmental Committee meetings, I walk away having learned something that will assist me in reaching an acceptable resolution to a matter. Committee members can be involved to whatever extent works for them. One can choose to formally participate and volunteer for projects, such as creating the resources that committees often collaboratively author. The opportunity to assume leadership roles on the CPR Committees exists or one can just take advantage of the events, which are an exclusive benefit of CPR membership. These events alone provide incredibly rewarding educational and networking experiences and truly should not be missed. They are also a great way to explore various committees one might be interested in before formally joining. The exchange of ideas and experiences that takes place during CPR events is invaluable. I challenge anyone to find an organization that offers its membership comparable access to business, corporate and legal talent.

Why would you encourage people to join the Environmental Committee?  

John Bickerman: Environmental issues will always be at the forefront of public policy and draw great public attention. The committee provides an opportunity to learn about these issues and be better prepared for the future impacts environmental policies will have on the business community.

Steven Antunes:  First of all, there can never be too much talent or knowledge associated with a given topic. If your practice involves any type of environmental issue, this CPR value added opportunity will only enhance your ability to successfully navigate the process of resolving environmental issues without the high costs and drawn out litigation process. This Committee offers first class interaction between/among some of the best in the environmental business.
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CPR committees are always looking to increase membership and participation, and there are no extra fees or costs associated with joining. Learn more about CPR’s other industry and subject matter committees here. To become a committee member, log in and join the committee(s) of your choice or email a note of interest to Richard Murphy at rmurphy@cpradr.org.
 
Take your seat at the table, along with
other thought leaders in your industry.


JOIN A CPR COMMITTEE TODAY
 
WAS IT REALLY A FOREIGN ARBITRAL AWARD? NINTH CIRCUIT SAYS NO
 
The Ninth U.S. Court of Appeals has reversed a district court’s order which had treated an order made by a Philippines arbitrator as a foreign arbitral award.

As explained by CPR Intern, Brian Chihera, the appeals court in Castro v. Tri Marine Fish Co., No. 17-35703 (Feb. 27) (available at 
http://bit.ly/2Zwoa8x) ruled on an unusual situation. It found that the case had been settled, and there was no outstanding dispute to arbitrate by the time the arbitrator got the case, and therefore nothing for the federal district court to confirm.

The three-judge appellate panel said that the arbitration decision was not a decision at all and should not be enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, best known as the New York Convention.

READ THE COMPLETE POST ON CPR SPEAKS HERE
 
CPR SADDLING UP FOR CANADA CONFERENCE IN CALGARY THIS FALL 

Organized in collaboration with CPR's Canada Advisory Board and the CPR Energy Committee, and hosted by McCarthy Tétrault LLP, CPR's 2019 Canada Conference will take place in Calgary on October 17, between 8:30 and 11:30 am (with a welcome reception, hosted by Blake, Cassels & Graydon LLP, the night before). 

The theme of this year's conference will be "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector." Speakers and attendees will explore such questions as:

 
  • What are the differences between arbitration, mediation and expert determination?
  • Are some types of disputes in the energy sector best resolved by one of these mechanisms, or does the success of any particular ADR technique depend less on the subject-matter of the dispute and more on the skill and experience of the neutral selected to resolve the dispute?
  • Should energy companies adopt a systematic approach to handling and resolving disputes?
  • What techniques work best for multi-stakeholder consensus building?
  • What are the latest tips on drafting and implementing multi-step and/or split dispute-resolution clauses?
     
More information will follow and registration will open in July.
 

CPR EVENTS/
SAVE THE DATE:

Upcoming CPR events and trainings

UNITED STATES


July 17, 2019, 12:30 pm - CPR Mediation Committee Meeting at Morgan, Lewis & Bockius in NY and via dial-inThe meeting will feature a discussion on mediation confidentiality. CPR Members only.

July 24, 2019, 3:30 pm - Diversity in ADR Task Force Meeting at Debevoise & Plimpton in NYC and via dial-in. Please join members of the CPR Diversity in ADR Task Force in New York for a meeting led by Task Force Co-Chairs Hon. Timothy K. Lewis (Ret.) and Hon. Shira A. Scheindlin (Ret.). Open to the public.

July 24, 2019, 5 pm - CPR-National Bar Association Diversity Program at Debevoise & Plimpton. By invitation only.

INTERNATIONAL

September 26, 2019 – CPR European Advisory Board In-Person Meeting hosted by Cuatrecasas in Barcelona, Spain. EAB Members only.


NEW: October 16, 2019, 6:00 - 8:00 pm – CPR Canada Conference Welcome Reception Hosted by Blake, Cassels & Graydon LLP in Calgary, Canada

NEW: October 17, 2019, 8:30 -11:30 am – CPR Canada Conference "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector" organized in collaboration with CPR Canada Advisory Board and CPR Energy Committee hosted by McCarthy Tétrault LLP in Calgary, Canada. Registration will open in July.


*Through CPR's collaboration with CEDR, CPR members and Distinguished Neutrals can receive a 10% discount on CEDR Mediation Skills and Employment and Workplace Courses. Before registering, contact sslattery@cpradr.org to receive your discount code.

 
 
VICE PRESIDENT OF MEMBERSHIP AND BUSINESS DEVELOPMENT

Position Overview: The Vice-President of Membership and Business Development will have primary responsibility for growing the organizational membership base and for developing new revenue opportunities. The person in this role will work closely with the CEO and Program Leaders to identify prospective members and market other services offered by the organization. The position reports to the CEO and will work closely with senior staff, and the Board's Membership Committee, providing strategic guidance and direction. LEARN MORE.