New articles, events and CPR news & initiatives
the CPR
DateBook
August 6, 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.
 
 
This week on CPR's blog...

MORE CLASS: FIFTH CIRCUIT SENDS ARBITRABILITY TO THE COURTS, NOT THE TRIBUNAL

In 20/20 Comms. Inc. v. Lennox Crawford, the Fifth U.S. Circuit Court of Appeals recently held that class arbitrability is to be determined by the Court instead of the arbitrators in a class arbitration case. The case appears to add a level of inquiry in the subject matter that may run counter to a U.S. Supreme Case earlier this year.
Read more about this case, by CPR Legal Intern, Hew Zhan Tze, on our blog HERE.

UPDATE: LEGISLATURES ON INVALIDATING PRE-DISPUTE ARBITRATION AGREEMENTS

A federal court has slowed the momentum by legislatures—in this case, New York state’s—to bar arbitration in employment cases. As reported by CPR Legal Intern, By Andrew Garcia, New York U.S. District Court judge has struck down the application of a recent state law which allowed employees to avoid mandatory pre-dispute employment agreements to arbitrate sexual harassment claims.
Read more about these developments HERE.

CMS FINALIZES RULE ON NURSING HOME PRE-DISPUTE ARBITRATION AGREEMENTS

"You will recall the controversy during the Obama Administration over the use of mandatory pre-dispute arbitration agreements by nursing homes," writes regular CPR Speaks contributor, Mark Kantor. "Last week, the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health and Human Services finalized a revised rule (the 2019 Final Rule) removing the prohibition in the 2016 Rule on pre-dispute arbitration agreements for long-term healthcare facilities but keeping provisions from the 2016 rule 'banning facilities from requiring that residents sign arbitration agreements as a condition of admission to a facility' and 'specifying that a resident’s right to continue to receive care at the facility must not be contingent upon signing an arbitration agreement.'"
Read more about the revised rule HERE.
 
NYLJ QUOTES ALTERNATIVES IN MEDIATION STORY

Proof that quality stands the test of time: In "Be Prepared: ‘Presumptive ADR’ Is Coming," suggesting that practitioners should be aware of the impetus behind the drive towards presumptive ADR and start preparing for it, the New York Law Journal quoted "Common Errors in Mediation Advocacy," a 1995 Alternatives article written by Tom Arnold.

Alternatives is a benefit of CPR membership.  You can also subscribe
HERE.
 
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 shortly.
 
 
 
Resolving commercial disputes in courts in Spain can be unpredictable, slow and costly for disputants.

As pointed out in a recent
working paper from the Central Bank of Spain, judicial inefficacy can also have a significant impact on business investments. Therefore, it is critical for public administrations, companies and practitioners to consider a variety of alternative mechanisms to resolve commercial disputes efficiently. This, not only to reduce the uncertainty, time, and costs involved in court litigation, but also to avoid losing economic investments which benefit society as a whole.

In this context, the Spanish Cabinet has approved a draft legislation aiming at boosting the role of commercial mediation in Spain by, among other measures, making the holding of an “informative” and exploratory session under the auspices of a trained mediator a mandatory prerequisite to filing a court action in a number of areas.

Join us at this event organized jointly by the International Institute for Conflict Prevention & Resolution (CPR), its European Advisory Board (EAB) and Cuatrecasas. Hear a panel of distinguished speakers discuss the current state of dispute resolution in Spain, explore ways to shape its future and share perspectives and best practices with an audience of dispute prevention and resolution professionals from all over Europe and the United States. The program will be followed by a networking reception. (This event will be held in English and will also be available via webinar) 

Click
HERE for more information. Space is limited and registrations will be confirmed on a first-come, first-served basis. To register, email Chris Silva at csilva@cpradr.org with your full contact information and affiliation and specify whether you will attend in person or via webinar. (Please note that the list of registrants for this session will be shared with Cuatrecasas for the purpose of organizing this event.)
 

CPR EVENTS/
SAVE THE DATE:

Upcoming CPR events and trainings

UNITED STATES


September 9, 2019 - 2nd Annual GAR LIVE at Georgia State University – College of Law, Atlanta. CPR members may attend at a discounted rate. 

September 12, 2019, 12:30 pm -
CPR Employment Disputes Committee Meeting at Ogletree, Deakins, Nash, Smoak & Stewart in NY and via dial-in. CPR Members only.

September 17, 2019, 12:30 pm -
CPR Mediation Committee Meeting in New York (location TBD) or via dial-in. CPR members only. 

September 19, 2019, 12:00 pm - Joint CPR Environmental Committee and Government & ADR Task Force Webinar, "Practical Aspects of a Green New Deal" via webinar and dial-in. CPR Members and Government & ADR Task Force members only.

October 3, 2019, 12:30 pm -
CPR Energy, Oil & Gas Committee Meeting at Quinn Emanuel Urqhart & Sullivan in Houston, TX, either in person or via dial-in. CPR Members only. 

NEW: October 24, 2019, 12:30 pm -
Banking and Financial Services Committee meeting at KPMG in New York, in person or via dial-in. CPR members only.

October 30, 2019, 12:30 pm -
CPR Government & ADR Task Force Meeting at BakerHostetler, Washington, D.C., either in person or via dial-in, on ADR approaches to government enforcement actions.

NEW: November 12, 2019, 12:30 pm -
CPR Diversity in ADR Task Force Meeting in NY, in person or via dial-in. Location TBD. 

November 20, 2019 -
CPR Corporate Leadership Award Dinner honoring Ford Motor Co. and General Counsel, Bradley M. Gayton, at Ziegfeld Ballroom, New York.

NEW: November 21, 2019, 8:30 to 10:00 am -
CPR Breakfast Program at NYIAC, featuring ConocoPhillips Deputy General Counsel and CPR Board member, Laura Robertson, and other noted speakers during this NY Arbitration Week event

November 22, 2019 -
Fordham International Arbitration and Mediation Conference 

NEW: December 3, 2019, 12 pm - CPR Environmental Committee Webinar via webinar and dial-in. CPR members only.


NEW: December 4, 2019 - CPR Mediation Committee Meeting. Location TBD. CPR members only.

INTERNATIONAL

August 19, 2019 - CEDR Mediator Skills Training in Barcelona*

September 16, 2019 -
CEDR Mediation Skills Training, Dublin*

NEW: September 17, 2019, 6:00 to 7:30 - "Arbitration in the Pharmaceutical and Life Sciences Sectors" at Lalive in Zurich. Speakers will include new President & CEO, Allen Waxman (formerly of Pfizer). A networking reception will follow.


September 20 - 22, 2019 - CIArb & CPR Joint International Arbitration Training at Bennett Jones LLP in Toronto. A three-day program leading to CIArb's prestigious Fellow status. 

NEW: September 25, 2019,
The Future of Dispute Resolution in Spain, hosted by Cuatrecasas in Barcelona. The program will be followed by a networking reception

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

October 2, 2019 -
CEDR Mediator Skills Training, London* 

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

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.