2019 Arbitrator & Umpire Seminar

Fair & Balanced: How Arbitrators & Umpires Can Achieve The Impossible Plus Keep It Cost-Efficient

New York Marriott at the Brooklyn Bridge, NY
October 2, 2019 | 1:00 – 5:00 PM
Lunch will be provided at 12:00 p.m. to 1:00 p.m.

Course Description:

This year’s arbitrator/umpire training seminar will feature three sessions consisting of different panels of experienced industry leaders speaking on a wide range of practical issues that arise in reinsurance arbitrations.

Co-Chairs: Amy Kallal, Seema Misra & Joshua Schwartz

Agenda:

Session I:       The Wild Wild West Of Discovery Disputes & Summary Adjudication
Moderator:    Amy Kallal
Panelists: Howard Denbin, Mark Gurevitz, Susan Mack & Brendan McQuiggan

• Scope of discovery:
• What type of standards do panels apply when considering discovery disputes?
• How does the panel consider allegations that certain discovery is irrelevant or, alternatively, that it is unduly burdensome?
• What are some effective ways to encourage parties to resolve these disputes themselves? The panel will weigh the pros and cons of granting motions to compel.
• Subpoenas:  When are subpoenas appropriate? What is the arbitrators’ authority to issue subpoenas?
• Privilege disputes:
• When are documents relating to claims-handling, settlement, and allocation protected by the attorney-client privilege versus discoverable as the business of insurance?
• How do arbitrators resolve a party’s claims of privilege?
• Summary Adjudication
• The efficacy of motions for summary adjudication:  before discovery commences; after discovery but before the hearing.

Session II: “Mixology 101” – Documents, Witnesses & The Science Of Persuasion
Moderator:    Seema A. Misra
Panelists:       Charles Ehrlich, Susan Grondine-Dauwer, Mark Gurevitz & Mark Megaw

• When prescient witnesses are unavailable, what is the best way to present evidence to the panel? The panelists will discuss the use of other fact witnesses and quasi-expert testimony.
• Do preferences change in cases involving legacy business? Should they?
• Resolving the tension between parties wishing to present streamlined cases and panels needing to hear sufficient evidence to identify and fully explore the issues.
• How do arbitrators’ prior experiences affect their decision-making? To what extent do these experiences constitute “bias?”

 Session III: Is Compromise A Four Letter Word?  What Transpires In Deliberations & The Issuance Of Awards
Moderator:    David Attisani
Panelists:       Susan Claflin, Paul Dassenko, Sylvia Kaminsky & David Raim

• The panel will present a look behind the curtain into what happens during deliberations.
• Do compromise awards occur often, too often, or not often enough? How do participants react to such a compromise? Does it matter if it is a principled compromise?
• When is it appropriate to dissent and should umpires view a dissent as a good, bad, or indifferent?
• Do all litigated issues need to be addressed in the award?
• How much negotiation goes into the wording of the award? Is dialogue on the topic encouraged?
• Whether in-person deliberations (versus emails) are necessary when motions to clarify awards are filed.

Registration

Early Bird Registration Deadline: In order to qualify for an Early Bird registration fee, both the registration and payment must be received at the ARIAS·U.S. office by the Early Bird deadline of August 14, 2019. If the payment is not received by the Early Bird deadline, the registration will be subject to the Regular registration fee.

Registration Payment Policy and Deadline: The final regular Seminar registration deadline is September 16, 2019. The registration payment must be received in full before an attendee may participate in the conference; otherwise, the individual must pay the late fee and register onsite.

Fall Conference Registration: Please click here to learn more or register for the ARIAS-U.S. 2019 Fall Conference on October 3rd and 4th.

Cancellation and Substitution Policy

Cancellation Policy: The cutoff date for a full refund of the Seminar registration fee is September 16, 2019. Anyone who cancels between August 14, 2019 and September 16, 2019 will receive a refund, less a $100 administrative fee. Notification must be received in writing by email, fax, or postal mail. Failure to cancel by September 16th will result in forfeiture of the entire registration fee.

Substitution Policy: Substitutions are permitted with written notice by September 16th. Notification must be received in writing by email, fax, or postal mail. Failure to substitute a registrant by September 16th will result in forfeiture of the entire registration fee. If the registration fee for the person substituting is higher than the range for the person for whom payment has already been substituted, payment will need to be provided to cover the difference before the substitution is complete.

Continuing Education

ARIAS•U.S. Arbitrator Certification:
This workshop counts towards the ARIAS•U.S. Certified Arbitrator renewal requirements. If you are interested in initial certification, you may need to attend one or two seminars under Option C of the ARIAS•U.S. Certification application. Click here for more information.

CLE Credit:
ARIAS•U.S. is an accredited provider of New York State Continuing Legal Education. 4.5 CLE credits are available to those who attend this seminar; all credits are for areas of professional practice.