9th Circ. on Arbitrator Disclosure; New Articles, Events & Awards
the CPR
DateBook
October 30, 2019

Welcome to the "CPR DateBook," our weekly newsletter containing 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.
 
HOUSTON REGIONAL MEETING & NETWORKING EVENT

Join the CPR Institute’s Energy, Oil and Gas Committee and their distinguished guests for "Cocktails and Conversation" at BakerHostetler's event space in Houston on January 22, 2020 at 6:00pm CT (this is the Wednesday before the ITA International Energy Arbitration Conference).

This VIP energy-insider networking event will feature a panel of in-house counsel from leading corporations discussing the powerful impact of ADR as it continues to evolve in our sector.

AGENDA:
6:00 - 6:30 pm: Registration & Networking
6:30 - 7:30 pm: Panel Presentation
7:30 - 8:30 pm: Cocktails Reception
 
SPEAKERS: 
Cathy Konwisarz | Assistant General Counsel | Marathon Oil
Elizabeth Matthews | General Counsel |  Total American Services, Inc.
Greg McEldowney | Senior Counsel, Litigation & Disputes | BP America, Inc.
Mike Raab | Senior Counsel | EOG Resources
 
MODERATOR:
Sashe Dimitroff | Partner | BakerHostetler
 
For inquiries, please contact:
rmurphy@cpradr.org.

 
This event is generously sponsored by BakerHostetler
 
 
FOMENTING CHANGE: CPR AT WORK IN BRAZIL AND MEXICO
A James F. Henry Speaker Series Event
 
Wednesday, November 6, 2019 at 5:30pm
New York Law School, Events Center, Second Floor, 185 West Broadway, New York, NY 10013

CPR is pleased to continue its collaboration with New York Law School Alternative Dispute Resolution Program, in the form of a new "James F. Henry Speaker Series." James F. Henry (pictured above) was the founder and first President of (then) the Center for Public Resources, which would later become CPR.
 
For this event, Olivier P. André, CPR Senior Vice President, International; Kiera S. Gans, Of Counsel, DLA Piper; and Mauricio Gomm Santos of GST LLP will discuss the challenges of commercial conflict resolution in Brazil and Mexico. 

This program has been approved for 1.5 credits New York CLE Credits (Professional Practice). 

 
 
CALL FOR ENTRIES FOR 2020 Y-ADR AWARD
Deadline: Sunday, December 1, 2019 at 11:59pm

The CPR Y-ADR Annual Award for Efficient and Effective Collaboration Between Corporate Counsel and Outside Counsel honors young lawyers who write about efficient relationships between corporate counsel and outside counsel in the context of ADR Proceedings.

Entries must address one of the following three topics relating to how corporate counsel and outside counsel can work together efficiently and effectively:

Topic 1: Describe a way in which corporate counsel and outside counsel can work together more efficiently and/or effectively in an ADR proceeding.

Topic 2: Describe an experience in which you, as either a corporate counsel or an outside counsel, successfully worked together in an ADR proceeding with an outside counsel or a corporate counsel in an efficient and/or effective manner.


NEW - Topic 3: What innovation could improve efficiency and/or cost-effectiveness of commercial dispute prevention/resolution?

Entries may be authored by one author or co-authored by two individuals consisting of one corporate counsel and one outside counsel. Lawyers who are 45 years old or younger, or have less than eight years of professional experience in international alternative dispute resolution (“ADR”) practice, including, but not limited to, as counsel, client, arbitrator, mediator, tribunal secretary, or law clerk, are eligible to compete.

Each year, the winner of the Competition is formally recognized at the upcoming CPR Annual Meeting and receives an Award, as well as a certificate signed by the President of the Panel of Judges.

The winner’s registration fee for CPR’s Annual Meeting will be waived and the winner shall be reimbursed for his or her travel expenses of up to US$ 1,500.

In addition, the winning entry will be published in Alternatives, CPR’s award-winning Newsletter, and recognized as the winning entry of the CPR Y-ADR Annual Award.

The deadline for receipt of entries for the 2020 CPR Y-ADR Annual Award is 11:59 PM EST on Sunday, December 1, 2019. Entries received after that date will not be accepted for consideration. 

All entries are to be written in English and submitted via e-mail to YADRAward@cpradr.org. You will receive confirmation that your entry has been received.

All potential competitors are encouraged to review the full competition rules 
HERE.
 
TODAY!
ADR APPROACHES TO GOVERNMENT ENFORCEMENT ACTIONS

Hear from senior representatives from the Office of Contract Compliance Programs, U.S. Department of Labor

Join the CPR Institute’s Government & ADR Task Force on October 30, 2019
at 12:30 pm

for a conversation with

Robert M. LaJeunesse | Acting Director of Enforcement, Branch Chief of Expert Services | Office of Contract Compliance Programs, U.S. Department of Labor

and

Marcus Stergio | Ombudsman | Office of Contract Compliance Programs, U.S. Department of Labor

on ADR approaches to government enforcement actions from a Department of Labor perspective and the rise of Ombuds programs in the federal government employment space.


Most CPR Committee Meetings are for members only but this event is open to the public. The meeting will take place via dial-in and in-person at the Washington D.C. offices of BakerHostetler, 1050 Connecticut Avenue, NW, Suite 1100.

To register, email Richard Murphy at
rmurphy@cpradr.org and indicate if you will be joining in person or by phone.
Dial-in codes will be provided by confirmation email.
Information on the event can be found
here.
 
REVISED: VICE PRESIDENT OF MEMBERSHIP AND BUSINESS DEVELOPMENT

Position Overview: This position will play a key role at a small (15 person) legal non-profit located in Murray Hill, Manhattan. The Vice-President of Business Development will have primary responsibility for growing the membership and utilization of dispute resolution services all in support of the mission of CPR. The person in this role will work closely with the CEO and other senior leaders. The position reports to the CEO and will work closely with the Board of Directors, providing strategic guidance and direction. LEARN MORE AND APPLY.
 
DIGITAL MARKETING & GRAPHICS COORDINATOR

Position Overview: 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. LEARN MORE AND APPLY.
 
 
 
NINTH CIRCUIT, OVERTURNING AN AWARD, BACKS MORE ARBITRATOR DISCLOSURE

The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.

As explained by CPR intern, Daniel Bornstein, in Monster Energy Co. v. City Beverages LLC, a 2-1 appellate panel vacated an arbitration award because the arbitrator, retired California state judge John W. Kennedy, failed to disclose both his ownership interest in JAMS and the fact that JAMS had administered 97 arbitrations for one of the parties.

The decision has important implications for arbitrators’ disclosure of their financial interests.
Read more about this decision and its implications on our blog HERE.
 
 
Accessibility - You do not need to be a member of CPR to avail yourself of CPR's numerous dispute resolution service offerings.

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
***Denotes a CPR Committee event


UNITED STATES

***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 DOL 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 13, 2019 - Miami Tech/IP Seminar, "Arbitrating Technology and Intellectual Property Cases: Latin American and European Approaches" at Florida International University, Downtown Campus, Miami. CPR's Olivier André will be discussing the ICCA-CPR-New York City Bar Protocol on Cybersecurity in International Arbitration.

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.

CELEBRATE NY ARBITRATION WEEK WITH CPR! November 21, 2019, 8:30 to 10:00 am - CPR Breakfast Program at NYIAC. Then, from 10:30 to 12:00, join us for the North American launch of the ICCA-CPR-NYCBA Protocol on Cybersecurity in International Arbitration.View the full agenda for NY Arbitration Week HERE

November 22, 2019 - Fordham International Arbitration and Mediation Conference 

***NEW: December 3, 2019, 12 pm - CPR Environmental Committee Webinar on "Asbestos Litigation: The Return (Did It Ever Leave?) via webinar. CPR members only.

***December 4, 2019 - CPR Mediation Committee Meeting. Location TBD (in-person and via dial-in). CPR members only.

***NEW: December 9, 2019, 12:30 pm -
Transactional Dispute Prevention and Solutions Committee Meeting at Jenner & Block in New York (in person and via dial-in). This meeting will feature Howard Carsman, Manager of Construction Claims and Contracts for the Intel Corporation, discussing the innovative and bespoke dispute prevention procedures he operationalized for Intel and how the implementation of those procedures has impacted Intel’s dispute portfolio. CPR members only.

***January 22, 2020 - Join CPR's Energy, Oil and Gas Committee and their distinguished guests for "
Cocktails and Conversation" at CPR's Houston Regional Meeting and Networking Event at BakerHostetler in Houston.

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

November 18, 2019, 4 pm GST / 7 am EST - "Business Unusual: Strategies to Disrupt Disputes in the Middle East" hosted by Freshfields in Dubai and co-sponsored by FTI. This CPR Seminar, which is part of Dubai Arbitration Week, will be held in English and will also be available via webinar. RSVP to alexandra.gore@freshfields.com indicating whether you will attend in person or via webinar.

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

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.

 
CALL FOR SUBMISSIONS FOR CPR'S 2019 ANNUAL AWARDS

Deadline: November 15, 2019

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.
 
 
 
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.
 
Price $79 (One copy FREE per member organization;
$39 for additional copies) plus S&H

Do you have your copy yet? The reviews are in:

“The CPR Corporate Counsel Manual for Cross-Border Dispute Resolution is an outstanding resource for any in-house counsel responsible for international dispute resolution issues,” says Kelly Tullier, EVP and General Counsel at Visa Inc. “The Manual provides valuable insights and guidance for all types and phases of alternative dispute resolution, enabling in-house counsel to more effectively manage and resolve their company’s international disputes. I highly recommend it.”

“The CPR Corporate Counsel Manual for Cross-Border Dispute Resolution is an indispensable reference for in-house lawyers preparing for or considering cross-border dispute resolution procedures of any type, whether for the first time or the 100th time, and for drafters of dispute resolution provisions in agreements with international dimensions,” says Bart Schwartz, Executive Vice President, Chief Legal Officer and Secretary, Assurant, Inc. “It is comprehensive, well-organized, lively and practical.  I read it from cover-to-cover and will keep it close at hand to review points of particular interest.  The Manual also includes a handy appendix with citations (including URL addresses) to a host of additional resources.”


To purchase, please contact Christopher Silva at 212-949-6490 or 
csilva@cpradr.org.