Live Webinar: The Arbitrator’s Tool: How Much Should The Law Matter?
Title: The Arbitrator’s Tool: How Much Should The Law Matter?
Date & Time: Tuesday, September 21st from 1:00 – 2:15 pm ET / 12:00 pm – 1:15 pm CT
Location: Live online webinar
Faculty: Chuck Ehrlich, ARIAS-U.S. Certified Arbitrator
Jim Fitzgerald, ARIAS-U.S. Certified Arbitrator
Joe Monteleone, Weber Gallagher Simpson Stapleton Fires & Newby LLP
Peter Rosen, JAMS
Parties to a contract often agree to resolve their disputes through binding arbitration – as an alternative to lengthy court proceedings. This webinar will explore the question of how, if at all, arbitrators are to apply the law in the arbitration process. Consideration will be given to the reasonable expectations of the parties on this question, custom and practice, and how the law may factor into the reasons for the award. Finally, this webinar will consider to what degree applying the law in the arbitration process meets the needs and expectations of parties’ choosing arbitration over proceeding in court.
To probe the question of how much, if at all, arbitrators should apply the law to the conduct of an arbitration and the determination of an award, in light of custom and practice.
Charles G. Ehrlich
ARIAS-U.S. Certified Arbitrator
I bring a focused perspective to arbitrator service rooted in almost two decades as a senior level insurance executive, preceded by many years as a practicing trial lawyer. Arbitration is not an end in itself. Arbitration is a tool to solve business problems. The tool is most effective when arbitrators focus on the critical issues, identify the critical facts, and reach a fair, principled disposition – all while avoiding delay, detours and dead-ends. My career as chief claims officer, general counsel, and member of senior management gave me the experience to understand not only the formal aspects of insurance/reinsurance transactions but also the business purposes of relationships, as well as the technical issues raised by underlying claims. I managed a broad and diverse portfolio that included mass torts, products liability, professional negligence, directors and officers liability, financial guarantees, workers’ compensation carve-out, and much else. I also played a key role in designing and implementing corporate transactions, and formulating regulatory and legislative strategies. Previously, as a partner in a major national law firm, I handled a wide variety of litigation, and served in a series of management positions.
James E. Fitzgerald
ARIAS-U.S. Certified Arbitrator
Jim Fitzgerald is an ARIAS Certified Arbitrator and Certified Mediator, and provides trial and litigation strategic consultation in his role as the principal of Fitzgerald Legal Consult, P.C.. He is admitted to the bars of California and New York. Before starting his own firm, Jim was a partner in several large law firms, most recently Drinker Biddle & Reath, Akin Gump Strauss Hauer & Feld, and Stroock & Stroock & Lavan. The substantive area of Jim’s practice over the last 40 years has been complex insurance coverage, claims handling and bad faith, professional liability and directors and officers liability. Jim’s practice has included representation of insurers in all types of P&C claims (including environmental, wildfires, earth movement, earthquake, hurricanes and storms) life insurance claims, class actions, cedant/reinsurer claims and cyber claims. He has also represented insurers in investigation and prosecution of claims against MGAs, insureds and third parties for fraud, embezzlement and breach of fiduciary duty. He has also advised and assisted U.S. and London brokers in the creation and editing of insurance policy wording and select underwriting risks, as well as advising corporate clients on placement of coverage (e.g., D&O) and presentation of claims for coverage. Jim has tried 50 jury cases in federal and state courts and first-chair counsel in dozens of arbitrations before various tribunals, including ARIAS, AAA, JAMS, Independent Film and Television Alliance and NASD/FINRA. This background and experience allow Jim to remove the clutter surrounding most matters and take a razor-focused approach to arbitrating and mediating disputes to efficient resolution.
Weber Gallagher Simpson Stapleton Fires & Newby LLP
Joseph P. Monteleone is a partner in the Bedminster, New Jersey office of Weber Gallagher Simpson Stapleton Fires & Newby LLP and serves as coverage and monitoring counsel for errors and omissions (E&O), directors and officers (D&O), employment practices liability (EPL), and other claims-made insurance products. He frequently serves as a consulting and testifying expert witness in insurance disputes involving claims handling practice and industry custom and practice in the underwriting area. In particular, he has concentrated this work in the D&O and professional liability product lines. He is also a certified arbitrator with ARIAS-U.S. and a mediator in insurance and reinsurance coverage disputes.
Peter K. Rosen
Peter Rosen joined JAMS in January 2019 following a prestigious legal career handling high-profile insurance matters covering a wide range of commercial issues and policies, including directors and officers (D&O) liability, general liability, property, cyber, employment, professional liability, construction, fidelity, environmental, representations and warranties insurance, and reinsurance. Mr. Rosen has deep expertise in handling coverage issues arising out of mass disasters. His role in the World Trade Center insurance coverage litigation gained him worldwide recognition. He received accolades from The Legal 500 and Chambers USA, which noted, “He is recognized for his ‘wealth of expertise’ and is described as ‘someone you would bring in as a big hitter.’” Throughout the course of his career, Mr. Rosen has driven hundreds of matters to a mediated resolution and has been involved in numerous high-stakes domestic and international arbitrations, first as an advocate and, since joining JAMS, as a neutral mediator or arbitrator. Mr. Rosen is the author of leading texts on D&O liability and business interruption claims. He has taught insurance law at USC Gould School of Law and Pepperdine University School of Law. He has also taught corporate governance at USC Gould School of Law. Currently, Mr. Rosen teaches International Commercial Arbitration Advocacy at UCLA Law School and he also coaches UCLA Law School’s Vis International Moot team.
Questions? For questions about this seminar, please contact firstname.lastname@example.org or call 703-574-4087.
ARIAS•U.S. Arbitrator Certification:
This webinar is eligible for 1/3 of a credit toward initial certification or renewal. For certification candidates, attendance at three live webinars will provide one credit toward Option C requirements. For ARIAS·U.S. Certified Arbitrators, attendance at three live webinars will satisfy the seminar attendance requirement for renewal. Click here for more information.
CLE Credit: ARIAS·U.S. is an accredited provider of New York State Continuing Legal Education training – 1.5 CLE credits are available to those who attend this webinar; all credits are for areas of professional practice.
Financial Hardship Policy
Financial Hardship Policy Statement: As required by the New York and Illinois CLE Boards, if a member of the state’s bar would like to attend an ARIAS•U.S. event, but finds that he or she would incur a financial hardship by doing so, an application for waiver of the attendance fee may be made to the Board of Directors of ARIAS•U.S. Such application would be held in strict confidence.