Arbitration Practice Forum

[Shelled]

First time poster and relatively new reader.

I wanted to post some questions to those of you who currently have or work in an arbitration practice. It doesn't have to be 100% of your practice just as long as you are somewhat familiar or experienced in that area:

1. Do you enjoy arbitrations, if so why?

2. What types of cases do you arbitrate?

3. Do you use the American Arbitratiom Association?

4. How do you get into the arbitration pratice?

5. What are some advantages and disadvantages to practicing in arbitration?

Go ahead and feel free to touch on anything else arbitration related that you want to share.

[Shelled]

Bumping to hopefully get some views and comments today.

[katxyz]

I'm an international arbitration lawyer (counsel at a DC firm). I think it would help if you explained a bit more about your interests/concerns etc and then perhaps I can assist further.

[Anonymous User]

Do you have any advice for someone trying to break into the International Arbitration field? I am a 2L at a T2. Top 25%. Right now I am a research assistant working on the Restatement of the Law, The U.S. Law of International Commercial Arbitration. I have only had one callback at a large firm that practices in the area.

I am considering going on to get an LLM at a better school (Texas, NYU, something like that).

[Good Guy Gaud]

I'm an international arbitration lawyer (counsel at a DC firm). I think it would help if you explained a bit more about your interests/concerns etc and then perhaps I can assist further.

Are you open to questions generally?

(Interested practicing attorney)

[katxyz]

I'm an international arbitration lawyer (counsel at a DC firm). I think it would help if you explained a bit more about your interests/concerns etc and then perhaps I can assist further.

Are you open to questions generally?

(Interested practicing attorney)

Sure

[Good Guy Gaud]

I'm an international arbitration lawyer (counsel at a DC firm). I think it would help if you explained a bit more about your interests/concerns etc and then perhaps I can assist further.

Are you open to questions generally?

(Interested practicing attorney)

Sure

Have you ever dealt with gamesmanship in an arbitration? If so, how do you typically deal with it and is there anything that attorneys who aren't 'playing the games' can do to (1) stop the gamesmanship or (2) bring it to the arbitrator's attention without seeming like a cry-baby?

In my limited experience, it seems like there is a general disrespect for the arbitration process particularly when the arbitration involves out of state counsel going up against each other. Lack of professional courtesy, discovery abuse, and unreasonable delays to name a few. For an attorney not playing those games, it gets a bit frustrating to say the least.

[lacrossebrother]

Gaud, could you clarify what you mean by gamesmanship? Like, you cite discovery abuse, etc. --but what makes that a game?

[Good Guy Gaud]

Gaud, could you clarify what you mean by gamesmanship? Like, you cite discovery abuse, etc. --but what makes that a game?

Maybe gamesmanship isn't the right word.

I'm trying to refer to situations in which an attorney will use tactics to win the case/prevent evidence from coming in that wouldn't really fly in federal court but may have a better chance at working in arbitration because of the lack of general guidelines around things (objecting to practically anything and everything, refusing to accommodate witness schedules, general lack of cooperation). AAA Employment Rules, for example, are blandAF when it comes to any real structure or guidelines on discovery and motion practice and in at least two arbitrations where the arbitrators haven't firmly set guidelines abuse just seems to run rampant.

Anecdotal for sure, but that's why I'm asking.

[Anonymous User]

Gaud, could you clarify what you mean by gamesmanship? Like, you cite discovery abuse, etc. --but what makes that a game?

Maybe gamesmanship isn't the right word.

I'm trying to refer to situations in which an attorney will use tactics to win the case/prevent evidence from coming in that wouldn't really fly in federal court but may have a better chance at working in arbitration because of the lack of general guidelines around things (objecting to practically anything and everything, refusing to accommodate witness schedules, general lack of cooperation). AAA Employment Rules, for example, are blandAF when it comes to any real structure or guidelines on discovery and motion practice and in at least two arbitrations where the arbitrators haven't firmly set guidelines abuse just seems to run rampant.

Anecdotal for sure, but that's why I'm asking.

I don't think I can really speak to this. I do international arbitration (both international commercial disputes and investment treaty arbitration) but I have little experience in domestic arbitration.

[Anonymous User]

Gaud, could you clarify what you mean by gamesmanship? Like, you cite discovery abuse, etc. --but what makes that a game?

Maybe gamesmanship isn't the right word.

I'm trying to refer to situations in which an attorney will use tactics to win the case/prevent evidence from coming in that wouldn't really fly in federal court but may have a better chance at working in arbitration because of the lack of general guidelines around things (objecting to practically anything and everything, refusing to accommodate witness schedules, general lack of cooperation). AAA Employment Rules, for example, are blandAF when it comes to any real structure or guidelines on discovery and motion practice and in at least two arbitrations where the arbitrators haven't firmly set guidelines abuse just seems to run rampant.

Anecdotal for sure, but that's why I'm asking.

I don't think I can really speak to this. I do international arbitration (both international commercial disputes and investment treaty arbitration) but I have little experience in domestic arbitration.

I'm the previous poster but for some reason it came up as "anonymous"

[Good Guy Gaud]

Gaud, could you clarify what you mean by gamesmanship? Like, you cite discovery abuse, etc. --but what makes that a game?

Maybe gamesmanship isn't the right word.

I'm trying to refer to situations in which an attorney will use tactics to win the case/prevent evidence from coming in that wouldn't really fly in federal court but may have a better chance at working in arbitration because of the lack of general guidelines around things (objecting to practically anything and everything, refusing to accommodate witness schedules, general lack of cooperation). AAA Employment Rules, for example, are blandAF when it comes to any real structure or guidelines on discovery and motion practice and in at least two arbitrations where the arbitrators haven't firmly set guidelines abuse just seems to run rampant.

Anecdotal for sure, but that's why I'm asking.

I don't think I can really speak to this. I do international arbitration (both international commercial disputes and investment treaty arbitration) but I have little experience in domestic arbitration.

I'm the previous poster but for some reason it came up as "anonymous"

NP. I thought there might be a chance you wouldn't be able to answer given your practice area. I appreciate the offer, though.