NYIAC and CPR to Collaborate; Int'l Arbitration Report; New Articles, Events and Awards
the CPR
DateBook
September 17, 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.
 
 
NYIAC AND CPR SIGN COLLABORATION AGREEMENT
Includes 5% discount for CPR members on NYIAC hearing facilities

CPR and The New York International Arbitration Center (NYIAC), a nonprofit organization formed to advance, strengthen and promote the conduct of international arbitration in New York, have announced a strategic, cross-promotional collaboration.

Under the terms of their agreement, the parties will cooperate in the promotion of international commercial arbitration and mediation and shall facilitate, co-organize and co-host lectures, conferences and seminars in these areas, with reciprocal and complimentary registration for members and customers (subject to availability and resources).

CPR will refer requests for hearings and conference space to NYIAC, for which CPR Corporate and Law Firm members shall receive a 5% booking discount.

 
 
US APPEALS COURT IN "MANIFEST DISREGARD" CLAIM INSTRUCTS ARBITRATOR TO CLARIFY "IRRECONCILABLE DETERMINATIONS"

This week, in our blog, "CPR Speaks," regular contributor Mark Kantor draws our attention to "an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law – Weiss v. Sallie Mae, Incorporated (2d Cir. Dkt No. 18-2362, September 12, 2019, available here). Instead of vacating the arbitration award for 'manifest disregard,' the Court of Appeals remanded the case to the lower court to require the arbitrator to seek to clarify material inconsistencies in the arbitration award. The Court of Appeals also took steps to assure that the same District Court judge and the same 3-person panel of Court of Appeals judges would be the ones to review any effort by the arbitrator to resolve the 'irreconcilable determinations.'" READ THE COMPLETE POST ON OUR BLOG HERE.
 
RISK IN THE CLIMATE CRISIS: BREAKING THE POLICY GRIDLOCK AND INSURING FOR IMPACT

September 19, 2019, 12:00pm - 1:30 pm
Webinar Access & Dial-In

Please join CPR for this timely joint Environmental Committee and Insurance Committee Webinar, on topics that affect every company doing busniess today. The event will be moderated by John Bickerman of Bickerman Dispute Resolution, PLLC. Our speakers include Robert Shulman of Paley Rothman and Professor Mike Vandenbergh of Vanderbilt Law School, who will address the risks posed by climate change, the potential for insurance to mitigate those risks and the power of ADR to unite stakeholders and resolve policy gridlock. 

CPR MEMBERS ONLY
To register, email Richard Murphy at rmurphy@cpradr.org.
 
CALL FOR SUBMISSIONS FOR CPR'S 2019 ANNUAL AWARDS

CPR's Awards Program honors outstanding scholarship and practical achievement in the field of alternative dispute resolution. Award criteria focuses on processes, techniques, systems, commitment, and scholarship which address the resolution, prevention or creative management of major disputes involving public or business institutions between corporations, between government and corporations, or among multiple parties. The review committee comprises judges and lawyers from leading corporations, top law firms and academic institutions across the U.S. For more information on the awards and how to submit, click 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?
     
 
PRE-REGISTRATION NOW OPEN FOR CPR's 2020 INTERNATIONAL MEDIATION COMPETITION

March 27 - 29, 2020
São Paulo, Brazil
 
As the only international mediation competition held in Latin America, the CPR International Mediation Competition is a unique opportunity for students to learn and practice mediation and negotiation skills through the role-playing of a mediation problem drafted by experienced mediators and practitioners. The competition convenes students and distinguished ADR professionals from around the globe providing exceptional networking opportunities.

The 2020 CPR International Mediation Competition, which will take place for two days on March 28-29, 2020, in São Paulo, Brazil. The competition will be hosted by Demarest Advogados and will be preceded by a training for students, taking place on March 27, 2020. Pre-registration is open until November 15, 2019.
For more information, ground rules, sponsorship opportunities and to pre-register, please click HERE.
 
 
CPR is now seeking applications for the following two positions:

DIGITAL MARKETING & GRAPHICS COORDINATOR
 
Key support, for a legal non-profit located in Murray Hill, Manhattan, will provide a broad range of marketing functions and support in a small (15 person) but dynamic and collegial office with a highly professional and close-knit team. This is an excellent opportunity for someone who is smart, well-organized, detail-oriented and will thrive in a fast-paced and results oriented environment.

VICE PRESIDENT OF MEMBERSHIP AND BUSINESS DEVELOPMENT

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. 

 
To view both complete job listings, click HERE.
 

HELENA TAVARES ERICKSON FEATURED IN NORTON ROSE FULBRIGHT INTERNATIONAL ARBITRATION REPORT

For issue 13 of Norton Rose Fulbright's International Arbitration Report, the firm interviewed Helena Tavares Erickson, Senior Vice-President, Dispute Resolution Services & Corporate Secretary, at CPR.

Erickson discussed CPR's unique approach to arbitration, and some of the key features of CPR's 2019 Revised Rules for Administered Arbitration. She also summarized CPR's role in the Working Group tackling important issues of cybersecurity and data protection; recent CPR innovations; CPR's approach to addressing concerns about a lack of diversity in arbitral appointments; a recent joint report with CEDR; and CPR's recently launched International Mediation Procedure, which the firm describes as having "proved timely given the Singapore Mediation Convention launched in August 2019."

On the question of costs and duration of proceedings, a concern for many parties, Erickson told the firm:

"Efficiency in time and costs is at the very heart of CPR’s approach. We find when these are issues for users of ADR, generally it is because they are not using CPR!...[M]ost cases are decided within 11.1 months and if a case runs on more than a year then CPR will ask the parties and tribunal to explain why....We do not have a cookie cutter approach; we work with parties to help them resolve their dispute in the manner they need and want."

ACCESS THE FULL INTERNATIONAL ARBITRATION REPORT HERE

 
 
A LOOK INSIDE THE SEPTEMBER 2019 ISSUE...

Mediator Skills

"A Facilities Roundtable: Feinberg, Green and McGovern Analyze their Own Approaches to Intractable Disputes" by Russ Bleemer [NOTE: While Alternatives is normally a CPR member benefit or available by subscription, please enjoy this open access sample, from Wiley, summarizing a roundtable with three ADR legends!)

CPR News
"CPR's Changes at the Top: New Chairs Take Over" by Russ Bleemer
Commentary
"Kompetenz-Compétence: What the World Thinks about Arbitrability"
by Adam Samuel

Arbitration/Part 2 of 2
"Making It Final: The Elements of a Tribunal’s Award" by David C. Singer and Christina G. Hanson

ADR Briefs
"Not Just the Arbitrator: Ninth Circuit Looks at Provider Disclosure Obligation" by Savannah Billingham-Hemminger
"FINRA Shows Uptick in Mediation Use" by Russ Bleemer, Savannah Billingham-Hemminger and Brian Chihera
"The Singapore Convention: An International Mediation Treaty Opens for Signing and Ratifacation" by Hew Zhan Tze
 
Quality - Not all rules are the same—ours have won awards for innovation. All neutrals aren’t the same either—CPR’s panel of almost 550 mediators, arbitrators and other neutrals is distinguished and dynamic, increasingly diverse and responsive, adjusting in real time to meet the continuously changing needs of our users. And CPR offers personalized, concierge-level consulting and case management services, by highly experienced, accessible and multilingual attorneys. LEARN MORE.

Efficiency and Lower Costs - You may have heard that arbitration isn’t all that different from litigation—that it takes too long and costs almost as much. Well, not all arbitrations are the same. CPR has addressed many of the criticisms and concerns people may have about arbitration. LEARN MORE.

Integrity - CPR offers integrity, neutrality and a commitment to the rule of law, to ensure a fair and just process for all parties to the arbitration. Arbitrators must be independent and neutral—No exceptions. LEARN MORE.

 
 

CPR EVENTS/
SAVE THE DATE:

Upcoming CPR events and trainings

UNITED STATES


TODAY: 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 Insurance Committee Webinar, "Risk in the Climate Crisis: Breaking the Policy Gridlock and Insuring for Impact" via webinar and dial-in. CPR Members only.

September 26, 2019, 12:00 to 2:30 pm - Fast Track Rules Revision Committee meeting at Williams & Connolly in New York, in-person and via teleconference. CPR members only. Please RSVP to Helena at
herickson@cpradr.org.

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. 

October 11, 2019, 12:30 pm - CPR Arbitration Committee Meeting at Hughes Hubbard & Reed in New York

October 22, 2019 -
CPR Construction Advisory Committee Meeting, Panel Presentation & Networking Event, "Innovative Construction Projects: Philadelphia Edition" in Philadelphia.  Program and Networking Reception – Open to Public.
Construction Advisory Committee Meeting – CPR Members Only.

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.

November 6, 2019, 5:30 pm - "
Fomenting Change: International Institute for Conflict Prevention & Resolution at Work in Brazil and Mexico," a James F. Henry Speaker Series Event at New York Law School

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

November 15, 2019 -
Submission deadline for CPR's 2019 Annual Awards

November 15, 2019, 12:30 pm - CPR Arbitration Committee Meeting at White and Case in New York

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

November 21, 2019, 8:30 to 10:00 am - CPR Breakfast Program at NYIAC
, part of NY Arbitration Week 

November 22, 2019 -
Fordham International Arbitration and Mediation Conference 

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


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

February 27-29, 2020 - CPR's Annual Meeting at The Vinoy Renaissance St. Petersburg Resort & Golf Club, St. Petersburg, Florida. Meeting website launching soon.

March 9-10, 2020 - 13th Annual ABA Annual Arbitration Training Institute at the Sandra Day O'Connor College of Law, Phoenix, AZ. CPR members are eligible to receive the lowest registration rate. CPR's SVP, International, Olivier André, will be speaking.


INTERNATIONAL

TODAY: 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 19, 2019, 8:00 to10:30 am - CPR Corporate Counsel Roundtable Series – Oslo, Norway hosted by Advokatfirmaet Hammervoll Pind (By Invitation Only)


HAVE YOU REGISTERED? 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. 

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


NEW: November 22-24, 2019 - CPR is a supporting entity for the "
8th NLIU INADR International Law School Mediation Tournament, 2019" which will be held at the National Law Institute University (NLIU), Bhopal, India

NEW: March 27 to 29, 2020 -
CPR's International Mediation Competition in São Paulo, Brazil

*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.